c/EPA
Resource Conservation
and Recovery Act Public
Participation Manual
January 11, 2017
United States Environmental Protection Agency	530-R-16-013
Office of Land and Emergency Management
5305P
Washington, DC 20460

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NOTICE
This manual reviews regulatory requirements and provides policy guidance to help implement the
Resource Conservation and Recovery Act (RCRA) program. The policies in the manual are not final
Agency action, but are intended solely as guidance. They are not intended, nor can they be relied on, to
create any rights enforceable by any party in litigation with the U.S. Environmental Protection Agency.
Officials may decide to follow the guidance provided in this document, or to act at variance with the
guidance, based on an analysis of site or facility circumstances. The Agency reserves the right to change
this guidance at any time without public notice.
This manual replaces and supersedes the 1996 RCRA Public Participation Manual (EPA 530-R-96-007).
It is for Agency staff, owners/operators of hazardous waste management facilities, community members
and public interest organizations.
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TABLE OF CONTENTS	
NOTICE	I
TABLE OF CONTENTS	II
ACRONYMS AND ABBREVIATIONS	IV
PREFACE	V
Audience for the RCRA Public Participation Manual	V
2016 Version	VI
How to Use the RCRA Public Participation Manual	VI
Other Resources	VII
CHAPTER 1: INTRODUCTION	1
Goals of RCRA Public Participation	1
RCRA and Its 1984 Amendments	2
Evolution of RCRA Public Participation	4
Addressing Environmental Justice in Public Participation	4
The EPA's Agency-Wide Public Involvement Policy	5
CHAPTER 2: BUILDING A FOUNDATION FOR SUCCESSFUL PUBLIC PARTICIPATION	7
Definition and Description of Public Participation	7
Planning for Successful Public Participation	10
The Community Member's Role	13
Key Considerations When Planning Public Participation	16
Communicating Risk Effectively	16
Assessing and Addressing Environmental Justice, Cultural, and Tribal Concerns	18
Supporting Community-Based Environmental Protection	20
Coordinating and Collaborating with EPA Programs and Other Agencies	200
Assessing and Responding to Technical Assistance Needs	211
Using Traditional and New Media Effectively	233
Planning for Public Participation When Resources are Limited	255
Evaluating Public Participation Activities	255
CHAPTER 3: PUBLIC PARTICIPATION DURING THE RCRA (BASE)PERMITTING
PROCESS	277
Introduction	277
Overview of Public Participation in the Permitting Process	277
Public Participation Roles During the Permitting Process	300
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Step One: Pre-Application Stage	300
Step Two: Application Stage	333
Step Three: Preparation of Draft Permit Stage	344
Step Four: Final Permit Design Stage	366
Public Participation During the Life of a Permit	377
Permit Modifications	377
Closure and Post-Closure at Permitted Facilities	43
Public Participation at Interim Status Facilities	433
Interim Status Facility Operation	44
Closure and Post-Closure at Interim Status Facilities	444
CHAPTER 4: PUBLIC PARTICIPATION IN RCRA CORRECTIVE ACTION UNDER
PERMITS AND RCRA § 3008(H) ORDERS	466
Introduction	466
Overview of Public Participation in Corrective Action	477
Special Considerations for Public Participation Activities Under RCRA § 3008(h) Orders	488
Public Participation Roles During RCRA Corrective Action	488
RCRA Facility Assessment (RFA) - Initial Site Assessment	500
RCRA Facility Investigation (RFI) - Site Characterization	511
Interim Measures	522
Corrective Measures Study (CMS) - Evaluation of Remedial Alternatives	533
Remedy Selection	544
(CMI) - Remedy Implementation	555
Completion of the Remedy	566
CHAPTER 5: RCRA PUBLIC PARTICIPATION ACTIVITIES	577
Introduction	577
Public Participation Plans	577
Assessing the Community	588
Planning for Participation	599
Other Required and Optional Public Participation Activities	600
III

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ACRONYMS AND ABBREVIATIONS
Agency
U.S. Environmental Protection Agency
ANPR
Advance Notice of Proposed Rulemaking
ATSDR
Agency for Toxic Substances and Disease Registry
CAG
Community Advisory Group
CBEP
Community Based Environmental Protection
CEI
Community Engagement Initiative
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
CFR
Code of Federal Regulations
CMI
Corrective Measures Implementation
CMS
Corrective Measures Study
EJ
Environmental Justice
EPA
Environmental Protection Agency
FR
Federal Register
HSWA
Hazardous and Solid Waste Amendments
HW
Hazardous Waste
NEJAC
National Environmental Justice Advisory Council
NOD
Notice of Deficiency
OLEM
Office of Land and Emergency Management (renamed from OSWER in 2015)
OSWER
Office of Solid Waste and Emergency Response (renamed OLEM in 2015)
PEHSU
Pediatric Environmental Health Specialty Units
PTAP
Partners in Technical Assistance Program
RCRA
Resource Conservation and Recovery Act
RFA
RCRA Facility Assessment
RFI
RCRA Facility Investigation
SWMU
Solid Waste Management Unit
TANA
Technical Assistance Needs Assessment
TSD
Treatment, Storage and Disposal Facility
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Preface
PREFACE
The U.S. Environmental Protection Agency (EPA) and its partner states implement the Resource
Conservation and Recovery Act (RCRA) program. The RCRA program protects our communities and
the environment from the threats of solid and hazardous waste, cleans up land and water, conserves
resources, and empowers community members by delivering information and opportunities that enable
communities to participate in decision-making processes. Since Congress enacted the RCRA program in
1976, it has achieved remarkable improvements in the protection of human health and the environment by
more effective management of hazardous and solid wastes.
This manual explains how to implement public participation activities throughout the RCRA permitting
and corrective action processes. In the same way that a user's manual explains how a car or an appliance
works, this manual explains how RCRA public participation works and how community members,
regulators and industry can cooperate to make it better.
The manual emphasizes the importance of cooperation and communication, and highlights the public's
role in providing valuable input during the permitting and corrective action processes. It also furthers
EPA's commitments to early and meaningful involvement for communities, open access to
information, and the important role of public participation in addressing environmental justice
concerns.
The manual aims to promote consistent national policy on these issues. It does not substitute for
RCRA statutory or regulatory requirements, nor is it a regulation itself. It does not impose legally
binding requirements on EPA, states or the regulated community and may not apply to a particular
situation based upon the circumstances. EPA, state, tribal and local decision-makers retain the
discretion to adopt approaches on a case-by-case basis that differ from the guidance in this manual,
where appropriate.
Audience for the RCRA Public Participation Manual
EPA wrote this manual to help all stakeholders involved in the RCRA permitting or corrective action
processes, particularly those who conduct public participation activities.
If you are a government regulator:
This manual provides details about public participation requirements, outlines EPA's current policies, and
encourages increased public input into RCRA decision-making. It provides information on how to open a
dialogue with other stakeholders, assess communities and be sensitive to their concerns, plan for public
participation, fulfill statutory and regulatory requirements, and go beyond the requirements where
appropriate.
If you own or operate a hazardous waste management facility:
This manual describes when and how to conduct public participation activities. It lays out the
owner/operator's responsibilities and activities, and identifies how the permitting agency (or EPA, in states
that have no authorized corrective action programs) conducts other activities. It discusses how to more
effectively interact with the community around the facility, act in ways that are sensitive to their concerns,
and cooperate and communicate with all stakeholders. It also describes public participation opportunities
that go beyond the statutory or regulatory requirements.
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Preface
If you are a community member or a member of a local community group:
This manual describes the many public participation activities that RCRA requires. It points out steps that
agencies, companies and public interest groups can take to provide additional public input into the RCRA
process. It also contains links to other resources to learn more about RCRA and public participation.
If you are a member of a public interest or environmental group:
This manual discusses the federal requirements for public participation. It explains how organizations
can get involved and provides useful tips for working with other stakeholders. It bases these tips on the
experience of people who conduct public participation. It also explains how to conduct public
participation activities and provides links to resources for more information.
2016 Version
This 2016 RCRA Public Participation Manual replaces the 1996 version. The updates and revisions to the
document reflect current regulations, policies and practices. It presents new information about technical
assistance, environmental justice, social media and other topics that have come to the forefront since the
1996 edition.
For many years since the 1996 edition, RCRA permitting programs focused on issuing initial permits.
Today, however, permit maintenance and modifications account for most permitting activity since the
majority of hazardous waste management facilities are already permitted. This 2016 manual includes
updated and expanded information about permit modifications, the level of public participation
corresponding to each permit modification classification, and best practices for site-specific public
participation.
How to Use the RCRA Public Participation Manual
This manual provides general guidance about how to conduct public participation activities at RCRA
facilities. While users can read the entire document, each chapter is an independent reference and resource.
The manual's chapters are:
•	Chapter 1: Introduction discusses the goals of RCRA public participation, provides an
overview of the history of RCRA public participation, and describes the evolution of EPA's
approach to RCRA public participation from its beginnings in the late 1970s to the present.
•	Chapter 2: Building a Foundation for Successful Public Participation explains some basic
principles that often lead to successful public participation at RCRA facilities.
•	Chapter 3: Public Participation During the RCRA Permitting Process discusses the basic
steps in the RCRA permitting process and the public participation activities that accompany those
steps. It also provides a list of additional participation activities to supplement the requirements.
•	Chapter 4: Public Participation in RCRA Corrective Action Under Permits and RCRA §
3008(H) Orders details EPA's public participation guidelines for the corrective action program.
It reflects the current EPA position on these issues as the corrective action program continues to
evolve.
•	Chapter 5: RCRA Public Participation Activities provides detailed descriptions of dozens of
public participation techniques—required and optional, formal and informal. It explains all the
public participation methods mentioned in the previous chapters and provides information on
additional methods.
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Preface
Other Resources
Readers are encouraged to consult the relevant RCRA statutory provisions and regulations in the Code of
Federal Regulations (CFR), 40 CFR part 25 (EPA's public participation rules for RCRA, Safe Drinking
Water Act and Clean Water Act programs) and 40 CFR 124 subparts A B and G (general and specific
RCRA permit decision-making regulations), and to visit EPA's hazardous waste website to learn more
about public participation activities required by each permitting program. This manual also highlights
additional resources throughout the text.
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Chapter 1: Introduction
CHAPTER 1:
INTRODUCTION
This chapter discusses the goals of RCRA public participation, provides an
overview of the history of RCRA public participation, and describes the
evolution of EPA's approach to RCRA public participation from its beginnings
in the late 1970s to the present.
Goals of RCRA Public Participation
RCRA brings government, private industry, public interest groups and communities together to make
important decisions about hazardous waste management facilities. Public participation plays an integral
role in this decision-making. EPA uses the term public participation for the activities where permitting
agencies and permittees encourage public input and feedback, have a conversation with the public,
provide access to decision-makers, incorporate public viewpoints and preferences, and demonstrate that
decision-makers have considered those viewpoints and preferences (see 40 Code of Federal Regulations
(CFR) § 25.3(b)).
The public refers to not only local community members but also representatives of consumer,
environmental, faith, and minority associations; trade, industrial, agricultural, and labor organizations;
public health, scientific, and professional societies; civic associations; public officials; and governmental
and educational associations (see 40 CFR § 25.3(a)). It is important to note that these larger, national
groups may not always have the same interests as local community members. Local communities should
have a more primary role in local decisions that directly impact their day-to-day lives.
There are many reasons for agencies, facilities and interest groups to engage the public, and many
reasons for community members to participate fully in RCRA decision-making:
•	Community members are more likely to accept and support RCRA actions when they have had an
active role in shaping the decision. When a regulatory agency or facility shows that it is willing to
listen to community concerns, it establishes the foundation for improved understanding, even if
community members do not agree with the outcome.
•	RCRA and its implementing regulations require facilities and permitting agencies to conduct
public participation activities. Additional public participation activities can complement the
required activities.
•	Public input helps agencies, permittees and prospective applicants reach better technical solutions
and make better policy decisions. With public input, technical staff can better account for local
circumstances in permitting and corrective action decisions, and mitigate risk more effectively.
•	Permitting agencies make many controversial decisions. While these decisions rely on technical
expertise, public participation in decision-making is an essential element of good government.
Both the community and permitting agency benefit from well-designed and executed RCRA public
participation. RCRA host communities benefit from:
•	a better understanding of the RCRA implementation process;
•	opportunities to influence the decision-making process;
This manual covers
federal public
participation
requirements. States
may have additional
requirements.
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Chapter 1: Introduction
•	a better understanding of living and doing business sustainably;
•	involvement in a process that builds cohesion and promotes community inclusiveness; and
•	a corrective action approach that considers a community's needs and concerns, and minimizes
risks and negative impacts.
The permitting agency benefits from:
•	improved access to local and historical information about exposure pathways, unique ways in
which the community uses local resources, and exposure scenarios for anticipated land uses;
•	better understanding of community needs and concerns, values, cultures, habits and demographic
characteristics;
•	increased awareness of whether certain community segments may face environmental justice
concerns;
•	an understanding of the community-based and government organizations and leaders that serve,
interact with and have built trust within the community;
•	a strong partnership with the community based on trust and respect;
•	collaboration and cooperation between the community and the agency, which minimizes potential
conflicts and costly, unnecessary delays;
•	improved decisions, resulting in time and cost savings, helps achieve all goals (e.g., permitting,
transparency, correction action, protectiveness) more quickly and efficiently;
•	opportunities to engage responsible stewards who may ensure the property is managed
appropriately in the future; and
•	improved community acceptance and support of agency decisions.
RCRA and Its 1984 Amendments
Congress enacted RCRA, an amendment to the Solid Waste
Disposal Act, in 1976 to address the safe management and
disposal of the high volumes of municipal and industrial solid
waste generated nationwide. RCRA's goals were to:
•	protect human health and the environment from the
potential hazards of waste disposal;
•	conserve energy and natural resources;
•	reduce the amount of waste generated; and
•	ensure environmentally sound waste management.
To protect human health and
the environment.
To conserve energy and
natural resources.
To reduce waste.
To ensure environmentally
sound waste management.
RCRA continues to evolve as Congress amends the statute to reflect changing needs. Amendments to
RCRA have occurred several times since 1976, most significantly in 1984. The 1984 amendments, called
the Hazardous and Solid Waste Amendments (HSWA), significantly expanded the scope and
requirements of RCRA.
Subtitle C of RCRA establishes a program to manage hazardous waste from cradle-to-grave and ensure
that hazardous waste management protects human health and the environment. EPA established
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Chapter 1: Introduction
regulations under Subtitle C regarding the generation, transportation, treatment, storage and disposal of
hazardous waste. See Title 40 of the CFR. parts 261-267 and parts 268-270, for these regulations.1
State authorization is a rulemaking process in which EPA delegates the primary responsibility of
implementing RCRAto individual states. This process ensures national consistency and minimum
standards while providing flexibility to states in implementing rules. Currently, 50 states and territories
have the authority to implement the base, or initial, program. Many states also have the authority to
implement additional parts of the RCRA program, such as corrective action. State RCRA programs must
be at least as stringent as the federal requirements, but states can adopt requirements that are more
stringent.
The Subtitle C program first identifies which solid wastes are hazardous and then establishes
requirements for the three categories of hazardous waste handlers: (1) generators; (2) transporters; and (3)
owners/operators of treatment, storage and disposal (TSD) facilities. This manual applies only to TSD
facilities, and the term "facilities" refers only to TSD facilities. The Subtitle C regulations set technical
standards for the design and safe operation of hazardous waste facilities. These standards ensure the proper
management of hazardous waste in order to minimize the release of hazardous waste into the
environment.
RCRA regulations serve as the basis for developing and issuing, or denying, permits to each facility.
Issuing permits is essential to the Subtitle C regulatory program because that is how the regulatory agency
applies the technical standards to facilities.
RCRA also requires owners/operators of RCRA facilities to clean up contamination resulting from
present and past practices, including practices of previous facility owners/operators. These cleanup
activities are called corrective action. HSWA significantly expanded EPA's authority to initiate corrective
action at RCRA facilities.
Section 3005(c)(3) of RCRA (codified at 40 CFR § 270.32(b)(2)) requires that each hazardous waste
facility permit contain the terms and conditions necessary to protect human health and the environment.
This provision is commonly called the "omnibus authority" or "omnibus provision," and it is the way in
which additional site-specific permit conditions may be incorporated into RCRA permits if these
conditions are necessary to protect human health and the environment. Communities can leverage this
omnibus authority through public participation to influence needed community protections.
For information on many aspects of RCRA implementation, visit EPA's RCRA website. Detailed
information on specific RCRA topics (for example, Corrective Action, Permits and Interim Status, and
Modifications) is available through a series of training modules.
1 1 It is important to note the difference between how "meaningful involvement" with indigenous populations is used in the EJ
context and as discussed in the EPA's Policy on Consultation and Coordination with Indian Tribes. May 4. 2011. The federal
government has a unique government-to-government relationship with federally recognized tribes, which arises from Indian
treaties, statutes, Executive Orders, and the historical relations between the United States and Indian Nations. The federal
government has a trust responsibility to federally recognized tribes. Part of this responsibility includes consulting with tribes and
considering their interests when taking action that may affect them or their resources.
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Chapter 1: Introduction
Evolution of RCRA Public Participation
Section 7004(b) of RCRA and EPA's permitting regulations, found at 40 CFR parts 124 and 270, form the
foundation for mandatory public participation activities during the RCRA permitting process. The
following chapters explain in more detail how EPA's RCRA regulations provide for public participation at
all hazardous waste management facilities throughout the RCRA process, including before the permit
application, through the permitting process, and during the permit's life.
Some community members, other groups and EPA initially were concerned that formal public
participation began too late in the permitting process and that RCRA permitting information was not
always accessible. In response to concerns, EPA expanded RCRA public participation requirements in
December 1995 with the RCRA Expanded Public Participation Rule. This new rule required public
involvement earlier in the permitting process, expanded public notice for significant events and enhanced
the exchange of permitting information. These regulations highlight EPA's support for strengthening the
link between RCRA facilities and their host communities.
EPA also took steps to ensure fair public participation in the RCRA permitting process. For example, EPA
Assistant Administrator Elliot Laws issued a memorandum to EPA Regional Administrators in December
1995, stating the Agency's policy to ensure equal access to permitting information and to provide an equal
opportunity for all community members to be involved in the RCRA permitting process.
Addressing Environmental Justice in Public Participation
EPA's approach to public participation evolved to incorporate guidance on addressing environmental
justice (EJ) concerns. In 1993, EPA established the National Environmental Justice Advisory Council
(NEJAC) to provide independent advice and recommendations to the EPA Administrator on EJ issues. In
1994, President Clinton issued Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations. Section 1-101 of this order directed each federal
agency to "make achieving environmental justice part of its mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or environmental effects of its programs,
policies and activities on minority populations and low-income populations." Section 1-103 directed each
federal agency to "develop an agency-wide environmental justice strategy."
To implement Executive Order 12898, EPA issued a memorandum in 1994 entitled Integration of
Environmental Justice into OSWER Policy. Guidance, and Regulatory Development. This memo stated
that, "to the extent practicable, staff should evaluate the ecological, human health (taking into account
subsistence patterns and sensitive populations) and socio-economic impacts of the proposed decision-
document in minority and low-income communities." It also emphasized that "at all critical stages of
development, there should be meaningful input from stakeholders, including members of the
environmental justice community and members of the regulated community."
In 1996, the NEJAC published The Model Plan for Public Participation. The 2013 update to the model
plan. Model Guidelines for Public Participation, recognizes barriers and challenges common to
communities with EJ concerns, such as:
•	availability of resources, including funding and staff to conduct the needed activities over the
long term;
•	poor or little coordination among and between various federal, state, tribal and local government
agencies and other entities;
•	language and cultural differences;
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Chapter 1: Introduction
•	identification of and coalition building among local leadership within a community;
•	lack of cultural competency among agencies trying to conduct community engagement;
•	lack of recognition among communities and individuals of their stakeholder status in EJ issues;
and
•	lack of trust between community members, regulatory agencies and regulated industries.
In Model Guidelines for Public Participation, the NEJAC concluded that conducting effective EJ public
participation requires an approach that is "tailored to the specific, unique needs of the particular
community where activities are currently in the process of implementation." Section 3 of the document
offers recommendations for how EPA can work with EJ stakeholders to develop an effective community
engagement approach. Appendix C of that document includes a 34-step Environmental Justice Public
Participation Checklist for Government Agencies.
In 2000, EPA's Office of General Counsel issued a memorandum on EPA Statutory and Regulatory
Authorities Under Which Environmental Justice Issues May Be Addressed in Permitting, which analyzed
opportunities for addressing EJ issues under several EPA permitting processes, including RCRA. In this
memorandum, EPA voiced its commitment to addressing EJ concerns and pointed to legal provisions that
allow the agency to address such concerns in the RCRA permitting processes.
The EPA's Agency-Wide Public Involvement Policy
In 2003, EPA adopted a Public Involvement Policy that affirmed the
Agency's approach to involving communities in actions that affect them.
The policy outlines seven steps:
1.	Plan and budget: Planning community engagement activities and
adequately budgeting resources, such as time, money, and in-kind
efforts, can help ensure an effective public involvement process.
Early planning typically helps get these activities and processes moving, for both EPA and the
public.
2.	Identify whom to involve: The most important part of the public involvement process is the
early identification of the interested and affected public. This step enables EPA to have direct
exchanges of information, feedback and involvement with communities that Agency decisions
affect.
3.	Consider providing technical or financial assistance: Providing technical and financial
assistance helps communities navigate complex scientific issues, data and documents. Many
individual stakeholders cannot effectively take part in a dialogue about difficult environmental
decisions because they do not have the resources to research the issues, understand the effects and
results of possible decisions, or feel comfortable expressing their opinions in a public forum.
4.	Provide information and conduct outreach: Offering information and outreach opportunities
frequently and in accessible places, including online, helps communities to contribute effectively
to EPA decision-making processes.
5.	Consult with and involve the public early and often: Giving the public an opportunity to
communicate their concerns, problems and alternatives can improve the Agency's decisions and
environmental outcomes. A public participation practitioner should seek every opportunity to
expand and diversify public consultation and involvement processes.
Public input can help
the Agency and the
permittee make better
technical decisions.
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Chapter 1: Introduction
6.	Review and use public input and provide feedback: Reviewing and using comments from the
public and providing feedback supports the process and confirms EPA's constructive use of
feedback to those who contributed ideas.
7.	Evaluate public participation activities: Getting feedback from the public on how well a
specific public participation activity or overall process, including meetings, notices of action, and
rulemakings, worked can help the agency modify and improve those processes and activities.
This manual incorporates the many valuable lessons and practices learned through EPA's
community engagement and public participation, including the Model Guidelines for Public
Participation, the Community Engagement Initiative, and onsite experience.
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Chapter 2: Building a Foundation for Successful Public Participation
CHAPTER 2:
BUILDING A FOUNDATION FOR
SUCCESSFUL PUBLIC PARTICIPATION
Faith-Based and Neighborhood Partnership Initiative
EPA joined the Faith-Based and Neighborhood Partnership Initiative, established by Executive Order
13498, to help promote interfaith dialogues and strengthen the role of community organizations.
Through partnerships, EPA aims to connect similar faith-based and neighborhood organizations
working on environmental projects with one another and build a network of communities in support of
environmental literacy and stewardship. For example, in November 2015, EPA co-sponsored the Food
Recovery Summit in South Carolina. The goal of EPA and the U.S. Department of Agriculture to cut
wasted food in half by 2030 inspired this meeting, which included partners from all facets of the food
system. Faith leaders worked with recycling and disposal organizations, federal agencies, universities,
nonprofits, and other key stakeholders. This dialogue resulted in a "national call to action by
stakeholders," which identifies areas of focus, opportunities, and demonstrated practices to meet this
national goal.
This chapter explains some basic principles that often lead to successful public participation at RCRA
facilities. A successful approach to public participation involves developing a clear definition of public
participation along with guiding principles that promote trust, constructive dialogue, and exceptional
teamwork; careful planning of public participation activities; and addressing several key considerations.
Definition and Description of Public Participation
Public participation plays an integral role in RCRA permitting and
corrective action. The relationships between RCRA stakeholders
can be represented as a triangle, with the agency, the facility
owner/operator, and the public each forming a corner. Each of
these stakeholders connects to the others through a line of
communication. In the best-case scenario, the stakeholders interact
well with each other, the lines of communication are strong
between all parties, and information flows in both directions
around the triangle, as shown in Exhibit 2-1. A good public
participation program will create an inclusive dialogue, allowing
agency staff, facility personnel and community members to talk
openly and frankly with one another about RCRA-related issues
and search for mutually agreeable solutions to differences.
Exhibit 2-1. The Public Participation Triangle
THE
PUBLIC
THE
AGENCY
THE
FACILITY
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Chapter 2: Building a Foundation for Successful Public Participation
The permitting agency and RCRA facility should investigate the best ways to communicate with
community members. Consider asking:
•	Which communication methods are most effective? Community members may not have
consistent access to electronic methods of communication. As a result, hard-copy and
telephone communication may be critical to successful dissemination of information.
•	How do they receive local news? Sources of local news could include: newspapers, radio
stations, social media, direct mailings to homes, flyers in key public spaces such as a
community business, or communication through churches, clergy or community organizations.
These key principles are a guide to the public participation process:
•	Be inclusive. All interested stakeholders should be identified and invited to participate in RCRA
processes. It is important to consider if there are hard-to-reach people in the community, such as
people who may speak languages other than English or community members who may not trust
the government because of legal status or other concerns. If the facility is in a community that is
likely to have EJ concerns, additional efforts should be made to involve segments of the
community that are not effectively reached by conventional approaches. If a facility affects tribal
lands or any tribal members, tribal consultation is essential.2
•	Promote open and frequent communication, and practice active listening. Public
participation must start with a constructive dialogue between stakeholders. Permitting agencies
and facility owner/operators should learn about the community's need for information and its
preferred communication styles and methods. It is best to ask open-ended questions that
encourage people to share information and express their concerns. Active two-way
communication creates feedback loops that enable the Agency and the facility to monitor public
interest or concern, adjust public participation activities, and respond quickly and effectively to
changing needs.
•	Be honest, open and transparent. Being honest and open is the best way to promote trust and
credibility among stakeholders. By sharing information with community members and creating
open and reliable lines of communication, the permitting agency and facility can create trust and
cooperation that allows public debate to focus on environmental and economic impacts.
•	Be available, accessible and responsive. The permitting agency and facility should be prepared
to anticipate and respond to the community's concerns, fears and points of confusion. The
permitting agency and facility should respond to questions and concerns quickly, which helps
build the community's trust and confidence in EPA. If time is required to respond to a community
member's request, explain when someone can provide an answer, and always follow up as
promised.
2 It is important to note the difference between how "meaningful involvement" with indigenous populations is used in the EJ
context and as discussed in the EPA's Policy on Consultation and Coordination with Indian Tribes. May 4. 2011. The federal
government has a unique government-to-government relationship with federally recognized tribes, which arises from Indian
treaties, statutes, Executive Orders, and the historical relations between the United States and Indian Nations. The federal
government has a trust responsibility to federally recognized tribes. Part of this responsibility includes consulting with tribes and
considering their interests when taking action that may affect them or their resources.
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Chapter 2: Building a Foundation for Successful Public Participation
•	Promote understanding and interaction between stakeholders. While each stakeholder shares
responsibility for maintaining open and two-way communication, stakeholders" backgrounds,
concerns and roles in the RCRA process differ substantially. All participants should acknowledge
and account for these differences as they approach the RCRA process.
•	Help the community understand and participate
meaningfully in RCRA processes. The community will best
participate in the RCRA process if it understands the process,
environmental issues, health issues, and proposed facility
changes, and if it is familiar with and has access to available
participation tools. This access may require planning additional
outreach activities, enabling community access to an
independent facilitator or mediator to help resolve differences
within a community or between the agency and a community, or
providing technical assistance. RCRAInfo is a data tool
available to EPA employees, as well as state, tribal, and
territorial environmental agencies that can educate the public on
RCRA facilities. The public can find data on RCRA facilities
through EPA's Cleanups in My Community. RCRAInfo Web.
and Envirofacts Data Warehouse.
•	Start public participation early. A good public participation effort involves the public early in
the process and addresses public concerns before initial decisions. Early activity can set the tone
for the permitting process and the entire life of the facility, and ensure cooperation between
stakeholders. Not only does early communication give stakeholders time to develop suggestions
and concerns, it also brings issues to the surface at the beginning of the RCRA process when it
may be more feasible to address them.
•	Tailor public participation approaches and activities to community needs. It is worthwhile to
understand community needs before planning community involvement and outreach activities.
Permitting agencies and facilities should be creative when designing or implementing effective
activities to ensure that they meet the community's needs.
•	Encourage community members to be active and informed. Individuals who wish to be
involved in the RCRA process should make early contact with designated contact persons at the
permitting agency. They should conduct research on the process and facility, join relevant
mailing lists, visit the facility's website, advise the permitting agency and facility on the public
participation methods that best suit the community, submit written comments, participate in
public hearings and meetings, and follow the RCRA process closely. Permitting agencies and
facilities should provide outreach that both invites and provides necessary information to
community members so they can participate in the process.
Alternative Dispute Resolution
Agency Sponsored Program: The Alternative Dispute Resolution Law Office, which is part of
EPA's Office of General Counsel, is responsible for providing legal advice and counsel
regarding the use of alternative dispute resolutions (ADR). In instances where negotiations are
not progressing, mediation can often help the parties reach a mutually agreeable outcome. The
mediator is neutral, has no decision-making authority, and helps parties clarify issues, explore
settlement options, and evaluate how best to advance their respective interests.
Public participation
should encourage
"feedback loops," or
active, two-way
communication.
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Chapter 2: Building a Foundation for Successful Public Participation
Successful public
participation requires
careful planning and
consideration.
Planning for Successful Public Participation
EPA strongly recommends creating public participation plans for RCRA
facilities, although they are not required. The permitting agency typically
creates these plans, which outline a community-specific framework for public
participation throughout a RCRA permitting or corrective action process.
Depending on the type of permitting activity, the level of public interest, and
the facility's location, the level of complexity for public participation plans
can range from a simple, two-page schedule of activities to a comprehensive
population study, possibly an EJ assessment, a permitting activities itinerary,
and an analysis of community concerns. It can take from several days to
several weeks to design and develop a public participation plan.
A public participation plan begins by assessing the level of community
interest and the types and prevalence of community concerns about RCRA facilities. The permitting
agency should base the plan on a variety of sources, possibly including community interviews, file
searches, reviews of past media coverage, and community assessments completed by third parties. It
should discuss planned activities with the facility owner/operator and work with community
representatives to determine the information channels that best suit the area. It also is a good idea to
consider whether the community faces the presence of numerous environmental burdens in addition to the
RCRA facility. Many times these communities may also suffer disparities in health conditions compared to
other communities.
Exhibit 2-2 provides a guide for determining whether public interest in a facility is likely to be low,
medium, or high.
Exhibit 2-2. Determining the Likely Level of Public Interest in a RCRA Facility
LEVEL OF
PUBLIC
INTEREST
TYPE OF RCRA
ACTION
COMMUNITY'S
RELATIONSHIP WITH
FACILITY / AGENCY
LARGER CONTEXT
Low
•	The RCRA activity
is unlikely to be
controversial (e.g., a
routine permit
modification).
•	There is no
contamination at the
facility that could
come into direct
contact with the
public.
People do not live near
the facility.
There is a history of good
relations between the
facility and community
members.
Community members
have expressed
confidence in the agency
and/or facility.
The facility receives
very little media
attention and is not a
political issue.
Community members
have not shown any
past interest in
hazardous waste issues.
Public meetings on the
permit modifications
have not been attended.
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Chapter 2: Building a Foundation for Successful Public Participation
LEVEL OF

COMMUNITY'S

PUBLIC
TYPE OF RCRA
RELATIONSHIP WITH

INTEREST
ACTION
FACILITY / AGENCY
LARGER CONTEXT


• A large number of people


• The RCRA action
live near the facility.


may involve
activities that
•	There is a history of
mediocre relations
between the facility and
community members.
•	The facility is important
to the community
economically, and the
action may affect facility
operations.
•	Community members
have had little or poor
contact with the agency.
• Community members
have shown concern

contribute to a
about hazardous waste
Moderate
public perception
that the facility is
not operating safely.
•	Examples may
include permits for
storage and on-site
activities or routine
corrective actions.
•	Highly toxic and/or
carcinogenic waste
issues in the past.
•	The facility receives
some media attention,
and there are organized
environmental groups
interested in the action.
•	There are other RCRA
facilities or CERCLA
sites in the area that
have raised interest or

may be involved
• Local elected officials
concern.

(e.g., dioxins).
have expressed concern
about the facility.

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Chapter 2: Building a Foundation for Successful Public Participation
LEVEL OF
PUBLIC
INTEREST
High
TYPE OF RCRA
ACTION
•	The RCRA action
includes a
controversial
technology or is
high profile for
other reasons (e.g.,
media attention).
•	Highly toxic and/or
highly carcinogenic
waste is involved
(e.g., dioxins).
•	There is potential
for release of
hazardous
substances or
constituents that
pose potential harm
to the community
and the
environment.
•	There is direct or
potential community
contact with
contamination from
the facility (e.g.,
contaminated
drinking water wells
or recreational lake).
COMMUNITY'S
RELATIONSHIP WITH
FACILITY / AGENCY
The nearest community
population is within a
one-mile radius.
A large number of people
live near the facility.
There is a history of poor
relations between the
facility and the
community.
The facility has violated
regulations and
community members
have little confidence in
the agency to prevent
future violations.
There is organized
community opposition to
the facility's hazardous
waste management
practices or to the action.
Outside groups, such as
national environmental
organizations, or state or
federal elected officials
have expressed concern
about the facility or
action.
The economy of the area
is tied to the facility's
operations.
LARGER CONTEXT
•	Community members
have shown concern
about hazardous waste
issues in the past.
•	Facility activities are
covered widely in the
media.
•	There is interest in the
facility as a political
issue, at the local, state,
or federal level (e.g.,
statewide or national
environmental groups
are interested in the
regulatory action).
•	There are other issues
of importance to
community members
that could affect the
RCRA action (e.g.,
concern over a cancer
cluster near an area
where a facility is
applying for a permit to
operate an incinerator).
•	There are other RCRA
facilities or CERCLA
sites nearby that have
been controversial.
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Chapter 2: Building a Foundation for Successful Public Participation
The permitting agency can then propose activities for involving the community in the RCRA process. (See
Chapter 5 for the information to include in a public participation plan.)
Steps in Catherine Sulbt'A'iation, P>ai!«ii!i», ami KvnUjatusi> Faculties
Step 1: Review the RCRA action.
•	Determine whether the action is likely to be controversial.
Step 2: Talk to colleagues who have worked in the community about their interactions with the
public.
•	Has there been a large degree of public interest or concern about other projects? Has the public
shown confidence in the regulatory agency?
Step 3: Review the Agency's and other sources' files on the facility.
•	Note if there are inquiries from the public or organized groups, and the level of concern they
convey. Research media coverage and community discussions in newspapers, blogs, websites,
social media, and other sources.
Step 4: Formulate a preliminary impression of the community based on this information.
Step 5: Talk with several key community leaders to confirm or challenge this impression.
Step 6: Determine the anticipated level of community interest based on this information.
Low interest: Go to Step 7.
Moderate interest: Conduct additional community interviews with at least one member of each
community subgroup.
High interest: Conduct a full set of community assessment interviews.
Step 7: Write a summary of any major concerns or issues.
The permitting agency should prepare the public participation plan at the beginning of the RCRA process.
However, these plans should be evolving documents. Public participation plans should be revised after
significant changes in community concerns or activities at the facility and at least every two years for
longer-term activities. These revisions should incorporate new information, reflect changes in community
concerns, and evaluate whether public participation activities to date have been effective. By creating a
strong plan for public participation, the permitting agency can demonstrate a commitment to active
community involvement and a workable framework for future outreach.
The Community Member's Role
Community members are encouraged to take an active role in the RCRA public participation process
via formal and informal activities so they can learn about and provide input on hazardous waste
activities in their communities. Individuals may want to assess the permitting situation, the agency or
agencies involved, and the facility owner/operator. They can conduct this type of assessment using a
variety of methods, including obtaining background information on a permitting issue from local officials,
contacting research or industrial organizations, reading materials from the permitting agency, and
interacting with interested community groups.
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Chapter 2: Building a Foundation for Successful Public Participation
Community members can take part in the community assessment process by commenting on the proposed
decision, participating in community interviews or focus groups, or through other methods. They also can
contact the permitting agency or the facility—outside of any formal activity—to give early input and share
their concerns. They can suggest public participation activities, meeting locations, or means of
communication that will work well in their community. This input, communicated via telephone call,
email, or interview, can be very helpful, especially in establishing a public participation plan. Individuals
may contact other community groups that have an interest in the RCRA activity. Environmental, public
interest and civic organizations can provide individuals the opportunity to participate in efforts to
influence the process through mutual understanding.
Meaningful Community involvement in South Carolina
South Carolina's Department of Health and Environmental Control (SC DHEC), a rural
community, and an out-of-state company wishing to build a facility in the small town worked
together to create a winning situation.
The company planned to build on a beautiful piece of property that included an old house and a
small grove of old pecan trees in a rural South Carolina community. SC DHEC's staff spoke with
community residents and conveyed to the company that the community was not happy about the
company coming to town or the loss of their beloved trees, which held a lot of value, memories,
and identity for the dwindling rural community.
SC DHEC and the company jointly hosted two public meetings and met with individual
community members to discuss concerns. After hearing and understanding the community
concerns, the company decided to make a few minor changes to the design and layout of the
facility to preserve the pecan trees.
Public participation has paid off for all. SC DHEC's public participation and permitting staff
worked in parallel processes to address the community's concerns without delaying construction of
the facility. The company understood the value of addressing the community's concerns by going
beyond the regulatory requirements for public participation, and the community felt valued
throughout the permitting process. This dialogue continues beyond the permitting process. During
pecan season, the company hosts a community open house to connect, learn about the
manufacturing process, and of course, gather pecans.
Alternatively, community members may decide to create new organizations to discuss issues or provide
input into the process. Here are some steps that community members can take to be active and
informed participants in RCRA processes:
•	Contact the permitting agency early. Identify the designated contact person for the project,
whose name should be on fact sheets and notices or available from the agency. Learn about the
timing of any permit renewals or any upcoming or impending interim actions that may impact the
community.
•	Perform an assessment. Request background information from the permitting agency, local
officials and the facility owners/operators. Ask about day-to-day activities, the decision-making
structure and current policies and procedures; inquire about how the proposed activity fits into
larger political issues, local planning and the facility's business plans. Request information that
may open up additional solutions, including pollution prevention approaches that may reduce the
amount of waste the facility manages.
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Chapter 2: Building a Foundation for Successful Public Participation
•	Sign up for the facility mailing list for notices, fact sheets and other agency documents. Join
mailing lists maintained by involved environmental, public interest, tribal and civic organizations.
•	Visit online resources such as EnviroFacts. MvEnvironment or EJSCREEN to learn more about
environmental health in the community.
•	Look for zoning signs or other announcements in the newspaper or other media.
•	Communicate to the permitting agency, the facility owner/operator and other involved groups
what types of public participation activities will be most useful for the community. Inform them
about the most consulted communication channels in your area (e.g., which social media sites,
newspapers, and radio stations are most popular); the best locations for information repositories
and public meetings; and other community information needs (e.g., multilingual publications).
•	Submit written comments that are clear, concise and well documented. By law, permitting
agencies must consider all significant written comments submitted during a formal comment
period. See Make Your Voice Heard for step-by-step instructions for writing effective public
comments.
•	Participate in public hearings and other meetings, and provide oral testimony that supports
your position. A public hearing is not required unless someone requests one in writing.
•	Request an informational meeting and/or conference call with the permitting agency or the
appropriate organization, such as the RCRA Hazardous Waste program if any material
needs further explanation, if details about the facility need clarification, or if there are concerns
about the process.
•	Follow the process closely. Watch for Agency decisions and review its responses to public
comments. Individuals may have an opportunity to appeal Agency decisions.
•	Register to receive site updates. Sign up to receive updates from the hazardous waste
management facility about upcoming events, site tours, site update mailers and newsletters.
•	Sponsor a talk, listening session or workshop with the regulatory agency's community
engagement staff and technical project manager to build community understanding and capacity.
•	Weigh in on the prioritization of solid waste management units (SWMUs), such as providing
input on the sequence in which an order may require the order of the Corrective Measures
Studies.
•	Help the regulatory agency and/or facility gain residential property access agreements for
investigating and sampling off-site areas for potential hazardous waste (HW) or HW constituents.
•	Remember that interest and input from community members are both important to the
Agency and other concerned stakeholders.
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Chapter 2: Building a Foundation for Successful Public Participation
The University of Minnesota embarked on a project to upgrade its boilers by converting from coal to
natural gas. It also combined heat and power to add electricity generation to the function of the boilers.
The neighborhoods surrounding the University are very diverse, and include housing from luxury
condominiums to public housing. A high percentage of area residents are non-native English speakers,
recent immigrants, people of low-income communities, and other minorities.
The Minnesota Pollution Control Agency (MPCA) took steps to identify and address barriers to
meaningful public participation in the permitting process for this diverse and densely populated area.
The MPCA used EPA's EJ View tool (which since has been replaced by EPA's EJSCREEN tool) to
improve its understanding of community characteristics, and held the public meeting in a public
housing complex near the facility. It provided written translations of project summaries into Somali
and Oromo, two of the most commonly spoken languages in the community. MPCA also translated the
public meeting announcement into Spanish and provided simultaneous oral translation and
interpretation at public meetings.
Key Considerations When Planning Public Participation
The permitting agency and facility should keep these overarching themes in mind when planning and
conducting public participation activities and outreach:
•	communicating risk effectively;
•	assessing and addressing EJ, cultural, and tribal concerns;
•	supporting community-based environmental protection;
•	assessing and responding to technical assistance needs;
•	coordinating and collaborating with EPA programs;
•	using traditional and new media effectively;
•	planning for public participation when resources are limited; and
•	evaluating public participation activities.
Communicating Risk Effectively
Public participation activities usually involve some form of risk communication. The permitting agency
and facility should strive to ensure that they always take the principles of effective risk communication into
consideration. Risk communication involves a conversation between the permitting agency or facility and
the community, and it should be a genuine and sincere exchange that conveys important information,
responds to public concerns, and identifies mutual solutions. Public input often provides technical staff
with information that they can use to better account for local circumstances in permitting and corrective
action decisions. The RCRA requirements for public participation help reduce risk more effectively by
ensuring a meaningful exchange of information between all stakeholders.
Effective risk communication should:
•	Help community members learn more about and understand the Agency's risk assessment and
risk management processes and decisions, including whether conducting a site-specific risk
assessment in their community is an appropriate activity.
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Chapter 2: Building a Foundation for Successful Public Participation
•	Help the Agency understand the community's concerns and the factors that affect their perception
of risk related to the site.
•	Increase mutual trust and credibility to provide community members an opportunity to participate
in decision-making about community risk management.
Considering Multiple and Cumulative Effects
Some communities may suffer from numerous environmental quality issues, including issues not
associated with the RCRA facility. These communities may also suffer inequalities in health
conditions. Public participation is particularly important when engaging with communities that are
experiencing cumulative environmental and health impacts.
Effectively communicating information on site-related hazards and risks is a multi-step process that usually
includes:
•	identifying and understanding the audience;
•	developing clear and informative messages with an understanding of, and respect for, the
audience's concerns and perception of site-related risks;
•	selecting appropriate communication methods to deliver those messages; and
•	understanding that an effective risk communication process enables mutual understanding of risk-
related concerns but does not guarantee consensus.
Kettleman Hills Chemical Waste Management Site, Kettleman City, California
Kettleman City, California
In 2008, the Kettleman City community in the California Central Valley raised concerns that wind-
blown polychlorinated biphenyl (PCB) particles from Chemical Waste Management (CWM) facility
operations could either be deposited off-site and taken up into the food chain, or migrate as air
emissions and adversely impact the community. In response to those concerns, EPA requested and
CWM completed a PCB study to assess possible off-site impacts that PCB disposal operations at the
CWM facility may present to human health or the environment. This was the first time a scientific
study of this magnitude was conducted at a Toxic Substances Control Act (TSCA) regulated PCB
storage and disposal facility as part of a permitting process. The company translated the results of the
study into Spanish, and presented them to the community in written format, as well as at public
hearings and workshops.
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Chapter 2: Building a Foundation for Successful Public Participation
Assessing and Addressing Environmental Justice, Cultural, and Tribal Concerns
EPA defines environmental justice as "the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies."3
•	Fair treatment means that no group of
people should bear a disproportionate
burden of environmental harms and risks,
including those resulting from the negative
environmental consequences of industrial,
governmental and commercial operations
or programs and policies.4 EPA has
expanded the concept of fair treatment to
include not only the consideration of how
burdens are distributed across all
populations, but also how benefits are
distributed.
•	Meaningful involvement means that
potentially affected community members
have an appropriate opportunity to
participate in decisions about a proposed
activity that will affect their environment
and/or health; and the public's contribution
can influence the regulatory agency's
decision. It also means that the concerns of
all participants involved will be considered
in the decision-making process, and that
the decision-makers seek out and facilitate
the involvement of those potentially
affected.
To integrate EPA's definition of environmental
justice into practice, the Agency identified these
best practices:
•	Identifying communities with potential
EJ concerns: Some communities affected by RCRA facilities are lower income, higher minority
or indigenous, or more burdened by other environmental stressors compared to the general
population. Facilities and agencies should assess whether there are EJ concerns at a site because
they may provide important information for cleanup and public participation purposes.
EPA's Guidance on Considering Environmental Justice during the Development of a Regulatory
Action, released in May 2015, outlines several factors to help assess whether a community may
have EJ concerns, including proximity to environmental hazards; susceptible populations; unique
exposure pathways; multiple and cumulative effects; ability to participate in the decision-making
process; and physical infrastructure.
3	U.S. EPA. Plan EJ 2014. Office of Environmental Justice, September 2011, p. 3.
4	Ibid.
EJSCREEN is an environmental justice
screening tool that EPA uses to highlight places
that may warrant further review, analysis, or
outreach for environmental justice concerns. The
EJSCREEN tool offers a variety of powerful
mapping capabilities that make it easy for users
to access environmental and demographic
information. EPA developed EJSCREEN to
assist in meeting environmental justice goals
consistent with Executive Order 12898 and the
goals of Plan EJ 2014.
EJSCREEN can help agencies identify areas
with potential EJ concerns by showing
demographics and information on a variety of
environmental factors that contribute to a
community's environmental burden. Agencies
also should consider information from other
sources. For example, health information related
to asthma and cancer may be available from
other sources and imported into EJSCREEN.
EJSCREEN is only a first step and cannot be the
basis of agency decision-making. Local
knowledge and information will always be
essential for an accurate assessment of a location
or community.
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Chapter 2: Building a Foundation for Successful Public Participation
Agencies should consider using EPA's EJSCREEN tool to assess places where EJ concerns may
warrant greater consideration and should then consider collecting relevant data to help identify
communities with potential EJ concerns. Relevant data may include demographic data (e.g.,
ethnicity/race/culture, education, languages spoken, income), relevant health information (e.g.,
chronic lung and or cardiovascular issue rates, nutrition status), and additional environmental
burdens (e.g., toxic releases, air pollution, water quality and location of dischargers) in affected
regions or populations.
RCRA permitting and corrective action decisions should take sensitive sub-populations and unique
exposure pathways from site contamination into account. The facility and the permitting agency
should share demographic information, and information about potential environmental factors that
affect the community in a timely manner. This will help ensure that the risk assessment or other
site analyses or decisions consider these factors.
• Planning and implementing enhanced public participation opportunities: Potential EJ
concerns should be considered when planning and conducting public participation activities. For
sites that affect indigenous peoples, the permitting agency should consult with tribal leaders and
environmental officials to discuss sacred sites, cultural significance and other concerns.
The permitting agency also should consider tailoring public participation approaches to reach out
more effectively to specific populations. Examples include using translation or interpretation
services; providing multilingual fact sheets and other information; partnering with community
groups or community leaders; and using non-traditional media outlets for outreach. Agencies also
can consider identifying non-government locations to hold public meetings; scheduling public
participation activities at times other than during subsistence fishing, hunting or agricultural
seasons; and continuing to distribute paper copies of outreach materials when community
members lack access to electronic forms of communication.
Agencies also should consult with their Regional Environmental Justice Coordinators and EPA Tribal
Program Managers, and work with state, local and tribal governments to determine whether those
governments can offer assistance or insights into how to meet the special needs of a community with EJ
concerns.
foitcv tin if'tiai iiiH-ttwiinciT'Si ,fustice «>!« I'fitiai ConsuS'i'atiois
It is important to note the difference between meaningful involvement with indigenous peoples and
government-to-government consultation with tribes. EPA's Policy for Environmental Justice for
Working with Federally Recognized Tribes and Indigenous Peoples discusses meaningful involvement
of indigenous peoples throughout the United States and others living in Indian country.
EPA's Policy on Consultation and Coordination with Indian Tribes discusses EPA's responsibilities to
work government-to-government with federally recognized tribes. The federal government has a
unique government-to-government relationship with federally recognized tribes, which arises from
Indian treaties, statutes, executive orders, and the historical relations between the U.S. and Indian
Nations. The federal government has a trust responsibility to federally recognized tribes. Part of this
responsibility includes consulting with tribes and considering their interests when taking actions that
may affect them or their resources.
Visit EPA's Environmental Protection in Indian Country website for information related to working
with tribes and tribal consultation.
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Chapter 2: Building a Foundation for Successful Public Participation
Supporting Community-Based Environmental Protection
In 1995, EPA's OSWER released an action plan that endorsed community-based environmental
protection (CBEP). CBEP is a method of solving environmental problems in the context of the
community in which they occur. The action plan points to CBEP as a method that "brings the government
closer to the people it is meant to serve," and it also heralds CBEP as "a new way of accomplishing
traditional tasks in a more effective, more responsive manner."
Stakeholder involvement is one of the keys to CBEP. This plan points to CBEP efforts as ones that "must
empower and equip the community to participate in environmental decisions, taking into account not
only the human but also the ecological and socioeconomic health of a place." In this way, involvement
and cooperation of the community, facility owners/operators, and agency personnel in the permitting
process will fuel CBEP efforts. Increased access to information and opportunities for participation in the
permitting and corrective action processes, such as those in the RCRA Expanded Public Participation
Rule, will empower communities and enable them to practice CBEP.
EPA encourages permitting agencies and facility owners/operators to promote a CBEP approach by
discussing RCRA issues in coordination with other environmental concerns. Agency staff should be
prepared to address RCRA concerns about air and water issues that may reach beyond a particular facility.
Many companies are interested in finding opportunities to reduce process wastes through pollution
prevention and recycling, and the impacts of these types of reductions could affect air, water or land.
Several states are embarking on whole-facility approaches to permitting to take advantage of this
approach. Permitting agencies should consider using fact sheets and availability sessions to explain
RCRA's relationship to other programs. Combining public meetings across program lines may also make
the entire environmental picture clearer to stakeholders.
Coordinating and Collaborating with EPA Programs and Other Agencies
Permitting agencies benefit from acting collaboratively in communities. It may be helpful for the RCRA
permitting agency to work with EPA programs
to communicate consistently about community
goals and messages. Cross-program
coordination can help EPA better address
community needs and goals, and more
effectively communicate the environmental and
public health benefits of EPA's work to affected
communities.
The Superfund Community Involvement
Handbook provides guidance for members of
EPA Superfund site teams on how EPA plans
and implements community involvement
activities at Superfund sites. The Handbook
provides valuable information for other
stakeholders about agency public participation
priorities, and it promotes the consistent
implementation of community involvement
regulations, policies and practices.
EPA programs and regions can learn from each
other by sharing best practices, success stories
and useful contacts. They can also share new
tools, such as GeoPlatform and Region 1 's Community Action Tracker, which is a mapping, tracking and
Former industrial site with underground
storage tanks, Kewa Pueblo
(previously known as Santo Domingo),
New Mexico
Coordination with other federal programs:
The cleanup and revitalization of Kewa Pueblo
is an example of how cross-program
coordination can help revitalize an area. With
the help of EPA Region 6, the tribe identified
potential funding sources from the National
Park Service, the Indian Health Service, the
U.S. Department of Housing and Urban
Development, the Economic Development
Administration, and the U.S. Department of
Agriculture to redevelop the site into a mass
transit stop on the New Mexico Rail Runner
Express commuter line.
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Chapter 2: Building a Foundation for Successful Public Participation
reporting system that is used as a model across EPA. Coordination can also sometimes lead to the
development of new, innovative multimedia strategies.
Permitting agencies should be aware of other regulated hazardous waste facilities or environmental
programs in the community that EPA or other federal, state or tribal agencies administer. They should also
know about any other ongoing EPA, federal, state or tribal enforcement actions nearby that might affect
community attitudes toward regulatory agencies.
The Agency for Toxic Substances and Disease Registry (ATSDR) has a strong partnership with EPA
and the RCRA program. ATSDR is a federal public health agency of the U.S. Department of Health
and Human Services based in Atlanta, Georgia.
EPA, states or individuals can ask ATSDR for help in evaluating and responding to public health issues
at sites. These evaluations aim to find out if people are being exposed to hazardous substances and, if
so, whether that exposure is harmful and should be stopped or reduced. For more information on the
ATSDR health assessment process, go to The Health Assessment Process and Your Community.
Community members are key participants in the public health assessment process, and effective
communication is a critical part of fostering trusting relationships. The ATSDR Communication
Toolkit (ACT) provides customizable tools for simplifying communication, guidance on responding to
different levels of concern, and a way to set realistic expectations and measure the usefulness of the
public health assessment process. ATSDR, Centers for Disease Control and Prevention and EPA
created and jointly sponsored a website called Community Action for Environmental Public Health,
which contains tools, links, media and other resources to assist communities in answering
environmental health questions.
Assessing and Responding to Technical Assistance Needs
Understanding the volume of technical information related to hazardous wastes can be a daunting task. By
offering technical assistance to communities, facility owners/operators and EPA can help community
members better understand technical issues related to RCRA permitting and corrective action. This can
help them articulate their concerns and preferences during the decision-making process.
Because EPA has limited resources for RCRA technical assistance, agencies should consider whether they
can offer community assistance through other EPA programs or non-EPA resources, such as non-
governmental or other federal agencies, especially if the community has EJ concerns. Facilitation,
mediation or other assistance available through the Conflict Prevention and Resolution Center also may be
helpful. If any of these programs may be appropriate, the permitting agency should consider meeting with
the appropriate EPA contacts to discuss opportunities to provide assistance and to coordinate outreach and
public participation activities.
Technical assistance services may be available to help communities with the following:
•	Reviewing, interpreting and explaining RCRA decision documents.
•	Reviewing, interpreting and explaining other technical and scientific reports.
•	Providing information about basic science, environmental policy and related resources.
•	Providing assistance to help communities understand health risks.
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Chapter 2: Building a Foundation for Successful Public Participation
•	Helping the community identify reasonably anticipated future land uses to inform corrective
actions and understand how land use can influence remedies.
•	Enhancing community and stakeholder involvement.
•	Preparing outreach materials.
•	Presenting educational programs on technical issues (e.g., safety and sustainability for individuals
and families at home and in the community).
•	Helping to resolve conflicts among stakeholders.
Facility owners/operators, external partners or the permitting agency can provide these technical assistance
services. Communities should prioritize the technical assistance support they are seeking from facility
owners/operators.
FMC's Middleport Facility, Middleport, New York
Technical assistance for community members: As with many RCRA sites, the Middleport site, a
former pesticide formulation and packaging plant, created a community advisory group to encourage
communication between government agencies and community members. The Middleport
Community Input Group also benefited from access to an environmental scientist hired to review
technical documents and explain complex issues to the group. Funding for the scientist was available
through EPA's Technical Assistance Services for Communities (TASC) Program.
Conducting a Technical Assistance Needs Assessment
For most sites, the informal technical assistance provided directly by the facility or the Agency as part of
the public participation effort will address the community's
needs. However, whenever a community may have unmet
needs for technical assistance, the Agency may consider
conducting a Technical Assistance Needs Assessment
(TANA). A TANA is a site-specific assessment to determine
whether a community will benefit from additional support
from EPA to help community members understand technical
information. This assistance generally is provided through
facility owners/operators or an external partner, such as a
university or nonprofit organization. The TANA process
recommends a blueprint for designing a coordinated effort to
meet the community's needs for additional technical
assistance while minimizing overlap in the services provided
by the agency, facility and external partners.
The TANA process usually involves:
1.	Interviewing community members to obtain their views on the ways in which the community is
receiving technical information about a site and whether community members can readily
understand the information.
2.	Assessing whether additional forms of technical assistance may be appropriate to enable the
community to understand and comment on facility-related technical information.
Managing Community
Expectations for Technical
Assistance Resources
Preface any discussion of potential
technical assistance or other resources
with an explanation that availability of
those services is contingent upon
funding, and often also upon eligibility
or other factors.
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Chapter 2: Building a Foundation for Successful Public Participation
3. Identifying organizations in the community that are interested or involved in facility-related
issues and that might provide an appropriate conduit for technical assistance services to the
affected community.
A TANA may be conducted at any time, but the best time to do so is early in the process, ideally
concurrently with community interviews conducted for the development of a public participation plan. A
TANA can take place later if the technical assistance needs of the community cannot be adequately defined
at that time, or whenever it appears that the community may need additional technical assistance.
Using the TANA to Identify Technical Assistance Services and Programs for Communities
Although EPA has not developed TANA guidance specific to RCRA, the Superfund TANA Tool includes
information about conducting interviews for TANA and the types of technical assistance services for
communities that may be helpful for RCRA facilities and permitting agencies. EPA can offer more formal
technical assistance than an independent technical expert (and sometimes, a mediator or facilitator)
provides, working with a community organization. This includes programs that:
•	offer communities access to independent experts;
•	provide neutral facilitation, mediation and dispute resolution services through an EPA Conflict
Prevention and Resolution Services contract;
•	collaborate with universities, colleges and nonprofit organizations to offer voluntary support to
communities through EPA's new Partners in Technical Assistance Program (PTAP); and
•	provide medical information and advice on environmental conditions that influence children's
health through the Pediatric Environmental Health Specialty Units (PEHSU). a network of
specialists who respond to questions from public health professionals, clinicians, policy makers
and the public about children's environmental health concerns.
Other Resources for Communities
Facilities should be familiar with other resources and information sources of potential interest to
community members. EPA hosts a website of community resources, the Superfund Community
Involvement Handbook. published in 2016, as well as a website on RCRA public participation that may be
helpful. Other governmental, tribal or non-governmental programs may be able to provide funding or
support to affected communities if the goals of the RCRA action align with those of the program. Close
coordination between EPA programs and other federal programs can also enable communities to leverage
all available resources that might benefit them. Through increased internal coordination, EPA can often
help communities access a range of EPA resources, including relevant grant opportunities, technical
assistance and useful data. These efforts can facilitate community dialogue and engagement while
empowering communities to take an active role in the RCRA process and in addressing other
environmental issues that affect them.
Using Traditional and New Media Effectively
New technologies continue to change the ways people receive and share information. The rise of digital
forms of communication—from websites and social media (e.g., Facebook, Twitter, Instagram and blogs),
to text messaging, podcasts, videos and mobile phone apps—means that many people rely less on
traditional media and often turn to new media as primary or supplemental sources of information.
Although working with traditional media remains important and is required by statute for RCRA facilities
and permitting agencies, using new media will be part of an effective approach for reaching people
affected by RCRA facilities. Social media may have the greatest effect on the success of public
participation efforts at RCRA sites. Consider monitoring local Facebook, Twitter and other social media
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Chapter 2: Building a Foundation for Successful Public Participation
sites to understand what is happening in the community, stay abreast of facility-related community
attitudes, and become aware of misinformation, rumors and inaccurate community reactions that could
mislead the public. It also may be useful to develop a policy to engage social media if unclear information
or misinformation is present in communities. Consider establishing a site-specific EPA website to assist
with a community with a high level of public interest or where misinformation is circulating. An example
of a RCRA site-specific website is from EPA Region 4: www.epa. gov/grenadacleanup.
Working with Traditional Media
Almost every RCRA facility generates interest in the traditional local news media. Since EPA often turns
to local news media to disseminate information about site issues and activities, it is important to consider
the role of the news media in public participation efforts.
The RCRA statute specifically requires the use of local newspapers and radio, but EPA strongly
encourages facility owners/operators and permitting agencies to use new media well, and also to go beyond
the minimum requirements, whenever possible. Permitting agencies and owners/operators should also
understand the different needs of traditional radio, television and print media, as well as how new media,
including online media outlets and social media, work. News releases should contain well-crafted
messages tailored to each medium and their specific audiences.
To attract news media coverage, information about a local RCRA facility must be immediate in nature and
relevant to the local audience. The facility is more likely to attract media coverage if the agency or
owner/operator develops relationships with local reporters
and editors, issues timely news releases and media
advisories, makes staff members available to the media
when events or issues are newsworthy, and earns the
media's trust. The agency and facility should anticipate
and respond to questions from the media in a timely
fashion with reliable, up-to-date information.
Working with Social Media
EPA uses the term social media to refer to web-based and
mobile technologies that people use to share information
and ideas online. EPA's policy is to use social media,
where appropriate, to meet its mission of protecting human
health and the environment. As EPA's social media policy
evolves, new tools and technologies appear at an
increasing rate. Social media policy also varies according to each EPA region. While EPA does not
endorse any particular social media site or technique, information about tools such as Facebook, Twitter,
blogs and discussion forums, YouTube, Flickr and many other applications are available on EPA's social
media web page.
Permitting agencies and facility owners/operators should consider applying appropriate social media
technologies to public participation work whenever possible in accordance with regional policies. Keep in
mind that not everyone has easy access to a computer with broadband access, and not everyone with a
computer or cell phone uses social media. More significantly, access to the Internet, smartphones and other
devices that deliver social media is not universal. This is particularly important to consider when the
affected community has EJ concerns, and when many community members have lower incomes or might
lack access to new technologies.
Research and identify the best social media mechanism to reach the community members with whom you
want to communicate. Local government and community organizations generally know which social media
outreach tools they have used successfully to disseminate information within the community. Social media
Quick Response Codes
Utilizing Quick Response, also known
as QR, codes on signs, posters, and
other printed materials is a quick
method to drive traffic to a website.
Community members who have a
smartphone app can scan the code and
go directly to the information.
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Chapter 2: Building a Foundation for Successful Public Participation
should not be used instead of traditional channels— its use should be in addition to traditional media. The
use of social media sometimes represents an added opportunity for engagement with a growing audience of
people expecting more transparency, faster communication and more access to information than ever
before. In many cases, social media may be more effective at reaching communities with EJ concerns.
Explore both traditional and new media when planning an outreach strategy. Examples of social media use
at RCRA site include a Facebook page for the Pompton Lakes DuPont RCRA site. You must log in to
Facebook to access this page.
EPA staff should consult the Agency's social media policy and follow Agency procedures that are in line
with EPA's social media policies and procedures for using various forms of social media. A standard
policy for all of EPA is available at Policy and Procedures for Using Social Media at EPA. Policy on the
use of social media varies according to EPA region.
Others, including permitting agencies and facilities,
also should carefully weigh the additional
responsibilities that often are involved when adding a
social media component to their communications
strategy. Social media require a commitment to
regularly updating information so that it remains fresh
and current. It also is necessary to monitor social media
sites carefully so that inappropriate comments are
removed, online discussions and comments are
appropriate and constructive, and malicious visitors to
the site are detected and removed. This can involve a
significant investment of time and technical IT
expertise. Facilities should carefully consider their IT
resources and ability to monitor and keep social media
pages up to date before committing to using a social
media platform as part of their overall public
participation approach.
Agencies and facilities can use video tools such as In-the-Moment Videos that capture on-the-spot sound
bites to promote messages through social media within hours of an EPA press conference or other event.
Choose moments that stand on their own, and then add an explanation of the context. Create an experience
for a viewer who may have missed your event and provide a quick snippet of information about your topic.
Planning for Public Participation When Resources are Limited
When planning public participation activities, permitting agencies should carefully consider the time and
resources available to them. Government budgets recently have been cut, and the availability of funds for
site travel has continued to decline. This trend is likely to continue. To meet this commitment, permitting
agencies are finding creative ways to build and maintain relationships with affected communities and share
information.
Using collaborative technologies such as webinars, virtual meetings and hearings, and cloud-file-sharing,
along with discussion forums, newsfeeds, and availability sessions, provides many effective
communication options. These tools can apply to public participation work, enabling permitting agencies
to interact with community members when face-to-face meetings are not feasible. Agencies should think
creatively, use the tools and technologies available, and make the best possible use of travel dollars when
site trips are possible.
Evaluating Public Participation Activities
"In the Moment" videos are timely video
clips that capture EPA events as they happen.
These video characteristics include:
•	Videos are shared via social media.
•	Videos are short.
•	Videos are self-explanatory so viewers
do not need background information to
understand the message.
A sample video is here.
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Chapter 2: Building a Foundation for Successful Public Participation
Without concrete feedback, it can be difficult for the permitting agency and facility to determine whether
their public participation activities are reaching their intended audience and working as intended. It may be
useful to solicit feedback and gather information that will help the agency and facility assess how well each
approach or activity is meeting its intended objective.
A key to evaluating a short- or long-term public participation effort is to identify reasonable goals and
objectives for the overall public participation approach, as well as to define objectives for each activity.
Questions to consider include:
•	What do you want to accomplish?
•	Who is your target audience?
•	What do you want community members to know?
•	What actions do you want community members to take because of the outreach or public
participation activity?
Once the goals are set, the next steps include developing measures of success, identifying and collecting
measurement data, analyzing the data and adjusting the public participation activities, if appropriate.
If possible, conduct informal and formal evaluations throughout the entire RCRA process. Obtain informal
feedback through one-on-one conversations after a community meeting, e-mails, or phone calls from
community members. Conduct formal evaluations through interviews, surveys, and evaluation forms
(paper or digital). However, the Paperwork Reduction Act of 1980 (44 U.S.C. § 3501 et seq.) applies
whenever federal agencies request identical information from 10 or more public respondents.
Use the results of the evaluation to adjust specific activities or the overall approach, if necessary. Use
informal feedback to make mid-course corrections to address any issues or shortcomings as they arise.
Constant and consistent evaluation of public participation efforts can help improve outreach and
continuously improve their public participation approach.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
CHAPTER 3:
PUBLIC PARTICIPATION DURING
THE RCRA (BASE)PERMITTING PROCESS
Introduction
This chapter describes the basic steps in the RCRA permitting process
and the public participation activities that accompany those steps. It also
provides a list of additional participation activities to supplement the
requirements. (See Chapter 5 for details about public participation
techniques and methods.)
All facilities that treat, store, or dispose of hazardous waste must obtain a
RCRA permit, which is a legally binding document laying out the waste management activities that a
facility can conduct and the conditions under which it can conduct them. New hazardous waste facilities
must obtain a RCRA permit before beginning construction, and operating facilities must submit new
permit applications six months before their existing permits expire.
The permit decision process is composed of several steps, each of which has public participation
requirements. This manual divides the permit decision process into four stages:
•	pre-application;
•	application, including application submittal, agency notice, and review;
•	preparation of draft permit, including preparation of the draft, public comment period, and public
hearing; and
•	final permit design, including response to public comments and the final permit decision.
After permits are issued, facilities often need modifications or renewals, each of which includes
opportunities for public participation. In recent years, much of the RCRA permitting work has shifted from
permit issuance to permit renewals and modifications. For more information on the RCRA permitting
process, see EPA's Hazardous Waste Permitting web site.
Overview of Public Participation in the Permitting Process
Section 7004(b) of RCRA and EPA permitting regulations, found at parts 124 and 270 of Title 40 of the
Code of Federal Regulations (CFR), form the foundation for mandatory public participation activities
during the permitting process for both operating and post-closure permits. The corrective action schedule
of compliance and other corrective action provisions are typically part of the RCRA permit, under 40 CFR
part 270 (unless carried out under an enforcement order). Changes to these sections of the permit must
follow the permit modifications procedures of the regulations 40 CFR part 270.41 or 270.42. See Chapter 4
for public participation procedures for corrective action.
RCRA permitting regulations require public participation procedures during the permitting process and the
life of the permit. However, situations often occur in which the facility and the agency may need to go
beyond these requirements to provide for meaningful and equitable public participation. In particular,
regulators, facility staff or community groups may want to consider expanded public participation
activities at controversial facilities or at facilities where the affected community has a particular need for
Addressing community
concerns at the start of a
project can prevent
misunderstanding and
opposition in the long term.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
greater involvement or access to information. Participants in the process should seek input from other
stakeholders to determine if the public participation activities are adequate.
The permit decision process is lengthy and can be complex and confusing. Keeping the lines of
communication open during the process takes effort from all participants. This effort is especially critical
during the long periods of time when the agency is reviewing the permit or the facility may be responding
to a Notice of Deficiency (NOD) described later in this chapter. The agency, the applicant and other
interested groups should take steps to keep the community involved and informed during these down
times.
Ash Grove Cement, Chanute, Kansas
RCRA Permitting Decision Process: The Ash Grove facility is located within a 30-mile radius of
three similar facilities, which made public health a major concern for community members. The
facility's initial RCRA permit request in 1996 prompted EPA to fund a grant to the University of
Kansas Medical Center to study air pollution, cancer, and respiratory health in Southeast Kansas.
The Kansas Department of Health and Environment (KDHE) and EPA also extended the public
comment period and held a public hearing regarding the permit application. Because of public
interest, EPA and KDHE formed a Chanute project team of managers, counsel, and technical and
regulatory experts in RCRA, air and water monitoring, and compliance to expand community
engagement through additional town meetings and other communication methods. The project team
also created a distribution system to get immediate feedback and time-sensitive communications
both to and from the community.
The permit decision process and the required public participation activities have four key stages (see
Exhibit 3-1):
1.	The Pre-Application Stage
•	Facility gives public notice and holds an informal public meeting.
•	Additional activities may include observation decks, facility tours, community tours, workshops,
forums, facilitated discussions, news conferences, and regular updates (from construction to
closure and post-closure) on social media. The facility or the permitting agency may conduct
these updates about changes or progress for the community.
2.	Application Submittal, Notice and Review
•	Agency issues a notice to the facility mailing list and state and local governments.
•	Agency makes application available for public review.
•	Additional activities may include observation decks, facility tours, community tours, workshops,
forums, facilitated discussions, and news conferences.
3.	Preparation of Draft Permit, Public Comment Period, and Public Hearing
•	Agency issues public notice of draft permit (or intent to deny).
•	Agency prepares a fact sheet or statement of basis.
•	Agency provides public notice announcing a 45-day public comment period via mailing list,
newspaper and radio.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
•	Agency holds a public hearing, if requested or at the agency's discretion, with a 30-day advance
notice.
•	Additional activities may include information sessions, workshops, news releases, and fact sheets,
which may be disseminated through print or online media.
4. Response to Public Comments and Final Permit Decision
•	Agency responds to all significant comments raised during the public comment period, or during
public hearings.
•	Agency issues notice of final permit decision.
Exhibit 3-1. General Timeline of Public Participation in the RCRA Permitting Process
Agency Activities
Perform community
assessment
Create mailing list and
draft a public
participation plan
Host and publicize a
public meeting
PRE-AP PLICATION
Multiple opportunities
for public participation
including but not
limited to:
o Request inclusion on
the mailing list
o Reviewthe public
participation plan
o Attend the public
meeting
Application submitted
and available for public
review
Issue notice to mailing
list and local government
APPLICATION
Reviewthe
application
Draft permit issued
Distribute factsheets (or
statement of bias)
and/or other materials
Announce a 45-day
comment period via a
public notice
Hold a public hearing
PREPARATION OF
DRAFT PERMIT
Participate in the
public hearing,
comment on the
draft permit, and
other potential
opportunities for
involvement
Respond to comments
Issue final notice of
decision
FINAL PERMIT
DESIGN
Participation Opportunities
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
Public Participation Roles During the Permitting Process
This section introduces the four stages of the permitting
process, public participation activities currently required
under federal regulations and statutes, and additional policies
and activities that EPA recommends for each stage.
Step One: Pre-Application Stage
Early public input can improve the quality of any permitting activity; the public can contribute information
and recommendations that will help agencies as they make permitting decisions and facilities as they
develop their applications and proposals. Incorporating early community input can help the draft
permit to be more responsive to community needs and concerns, and the community may be more
likely to accept the permit conditions if it sees that its concerns have been heard.
During the pre-application stage, these public participation activities are required:
•	The permit applicant must host a pre-application meeting.
•	The permitting agency must create a representative facility mailing list.
South Carolina Department of Health and Environmental Control (SC DHEC)
Early and meaningful public engagement: SC DHEC recognized the need to go beyond what was
required in the RCRA regulations by engaging the community early in the process, building trust, and
working with industry representatives to encourage them to do more than what regulation requires.
Lessons learned from the agency's practices include the importance of focusing on early
communication with the community - often before a permit application is submitted or a corrective
action plan is drafted. SC DHEC notes that even if not all the information is available yet, it is best to
be honest and upfront about what is known at the time, and let the public know when more
information is expected to be available.
The Pre-Application Meeting
The RCRA Expanded Public Participation rule requires a new permit applicant (or a facility that is
applying to renew a permit while making significant changes) to hold a
public meeting before submitting the Part B RCRA permit application if
significant changes are being requested. This meeting is the earliest required
step in the RCRA permitting process. The pre-application meeting opens the
dialogue between the permit applicant and the community, providing an
open, flexible, and informal occasion for the applicant and the public to
discuss a hazardous waste management facility's operations.
While a formal meeting style (e.g., a public hearing) may suit some
permitting situations, EPA realizes that it will not suit all cases. EPA regulations allow flexibility in the
type of meeting the permit applicant holds. For instance, an applicant may decide to hold an availability
session or open house in place of a traditional meeting. As long as the approach meets the requirements
and the spirit of 40 CFR § 124.31, EPA will not preclude applicants from tailoring meeting styles to fit
particular situations.
The permit applicant must provide notice of the pre-application meeting in three ways: through a display
advertisement in a newspaper of general circulation in the community; with a visible and accessible sign at
or near the facility or proposed facility site; and through a broadcast media announcement played at least
State permitting agencies may have
processes and requirements that differ
from the federal requirements. Contact
your state agency for more details.
The pre-application meeting
initiates a dialogue between
the applicant and the public.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
once on at least one local radio or television station. EPA encourages facilities to pick a mix of public
notice tools that meet the regulations and allow the affected community to receive equitable, timely, and
effective notice of the pre-application meeting. This may include supplementing the required notice tools
with other methods, such as posting announcements to relevant websites or social media.
The applicant also must send a copy of the notice to the permitting agency. EPA recommends that the
applicant also send it to the facility mailing list, if such a list exists. The facility is required to keep, and to
submit upon request, proof of the public notice, perhaps in the form of a receipt for a radio broadcast, a
photograph of the sign, and a photocopy of a newspaper advertisement.
The notice must contain several pieces of information: the date, time, and location of the meeting; a brief
description of the purpose of the meeting; and a brief description of the facility and proposed operations,
including the address or a map (e.g., a sketched or copied street map) of the facility location. It must also
include a statement encouraging people to contact the facility at least 72 hours before the meeting if they
need special access to participate in the meeting; and the name, address, and telephone number of the
applicant contact person.
At the meeting, permit applicants should address these
topics:
•	The type of facility the company will operate.
•	The facility's location.
•	The processes involved and the types of wastes the
facility will generate and manage.
•	The extent to which waste minimization and
pollution prevention may supplement or replace
waste treatment needs.
•	The transportation routes the waste transporters
will use.
•	Planned procedures and equipment for preventing
or responding to accidents or releases.
The applicant must post a sign-up sheet or a similar mechanism to allow participants to volunteer their
names and addresses for the facility mailing list. This sign-up sheet should always be voluntary, and the
applicant should make clear that people may contact the permitting agency directly to add their names to
the facility mailing list at any time. The applicant then must submit this list of attendees, along with a
summary of the pre-application meeting, as a component of the Part B permit application. While this
summary need not be a word-for-word record of the meeting, it should make a good faith effort to provide
an accurate account.
Applicants also should provide fact sheets, information packets or other materials that explain the
proposed operations, company policies, waste minimization proposals or other relevant information for
community members. Some applicants also may want to consider inviting a moderator to conduct the
pre-application meeting or combining it with a state siting meeting. If meetings are combined, the
applicant must run the portion of the meeting that is dedicated to the RCRA facility permit. The
regulatory agency must give the applicant the floor for a sufficient period of time, and the applicant
must make clear that the RCRA portion of the meeting is separate from the general siting discussion
when notifying the public of the meeting under 40 CFR § 124.31(d).
Public comments and suggestions are
easier for the facility to address earlier
rather than later in the process, so public
input can have a greater impact at this
stage. The interested public is
encouraged to attend meetings at this
stage to begin their involvement with
the RCRA process. Before attending,
contact the facility or other stakeholders
to learn more about the facility's history
and operations.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
The Facility Mailing List
The permitting agency is responsible for developing a representative
mailing list for public notices under 40 CFR § 124.10. While the agency
is not required to create the mailing list at a particular time in the
permitting process, EPA recommends developing one in the pre-
application stage. The mailing list allows the agency to keep key groups
and individuals in the community updated on facility activities, which
enables the agency and the facility to better gauge community sentiment
throughout the permitting process.
The required meeting attendee list required under 40 CFR § 124.31(c) will help the agency generate the
mailing list by identifying people or organizations who demonstrate an interest in the facility and the
permitting process. Permitting agencies also should include all commenters on permitting documents,
attendees at any public meetings, and people using information repositories. Permitting agencies also
should contact civic organizations, religious groups, elected officials, and other stakeholder groups to
invite their members to join the mailing list. The permitting agency also should create a mechanism that
enables community members to add or remove their names from the mailing list. The agency needs to
maintain the mailing list for any permit renewals or permit modifications that occur over the life of the
permit. There are likely to be more interested parties for permit issuance than for routine modifications.
Additional Public Participation Activities
The level of public participation activities should correspond to the potential level of community interest
in the permitting process. To determine the need for additional activities, state agencies should consider
conducting a community assessment. If the level of interest is high, participants will want to do a more
thorough needs assessment and prepare a formal public participation plan (see Chapters 2 and 5).
Information on the permitting process and facility activities can be technical and complex, and the public
and other stakeholders may find it difficult to understand. The permitting agency and facility
owner/operator should consider engaging in additional public participation activities in the pre-application
stage to help make that information accessible to the public early in the RCRA process.
EPA encourages applicants to make fact sheets, information packets, or other materials available at the pre-
application meeting. The permitting agency should also consider creating fact sheets about the RCRA
permitting process. To ensure that notice of the pre-application meeting reaches as much of the community
as possible, EPA recommends that permit applicants use notice methods that go beyond the requirements.
These methods include public service announcements, publication in existing newsletters and publications,
social media and other online platforms, and newspaper inserts and are described in Chapter 5.
The agency and facility also should consider hosting supplemental workshops or availability sessions to
explain technical information. Some individuals or community groups may want to consult with other
sources, including the permitting agency, local colleges and universities, and environmental and civic
organizations for help in interpreting technical information.
Finally, the permitting agency has the right to require the facility owner/operator to establish an
information repository at any point in the permitting process or during the life of a facility, and may wish
to do so during the pre-application stage. The agency should assess the need for the repository by
considering factors such as the level of public interest; the type of facility; the presence of an existing
repository; and proximity to the nearest copy of the administrative record. The information repository can
serve as a public access point for information on the facility and the RCRA process. In some cases, making
notes from non-public meetings available through an information repository may increase public trust in
the agency or the process.
Gear public participation
activities to the potential
level of community
interest.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
Step Two: Application Stage
After the applicant has met with the public and considered recommendations and input from the
community, it may choose to continue pursuing a RCRA permit by submitting a RCRA permit
application to the permitting agency. During this period, it is important to keep the public informed about
the status of a facility's permit application. Upon receiving the permit application, the permitting agency
must, under 40 CFR § 124.32, issue a public notice to the facility mailing list and appropriate units of state
and local government. The notice will inform recipients that the facility has submitted a permit application
for agency review. In addition, the notice will inform the recipients of the location where the application is
available for public review.
The agency must notify the applicant in writing once it has reviewed the permit application. If the
application is incomplete, the agency may issue a Notice of Deficiency (NOD) to the applicant requesting
that the applicant submit the missing information. The agency may issue several NODs before the
application is complete. The period during which the agency reviews the application can therefore be
lengthy, taking anywhere from one to five years depending on the facility type and level of facility
owner/operator cooperation.
During application submittal and review, these public participation activities are required:
•	The permitting agency must make the application and supporting materials available to the
public.
•	The permitting agency must issue a public notice to the facility mailing list and appropriate units
of government announcing receipt of the permit application.
Making the Application Available to the Public
Upon receiving the permit application, the permitting agency must make it and any supporting materials
publicly available by placing the materials somewhere near the facility or at the agency office. To save
community time and resources, the agency should place the application somewhere that is publicly
accessible and has copying facilities (e.g., a public library or community center), as well as in the
information repository, if one exists. The permitting agency's headquarters or satellite office may be an
appropriate location for the materials. The agency also may want to make a short summary of the permit
application available to the affected community or post materials online.
Public Notice Announcing Receipt of Application
Upon receiving the permit application, the permitting agency must, under 40 CFR § 124.32, issue a public
notice to the facility mailing list and appropriate state, local, and tribal government agencies.
The notice must contain this information:
•	The name and telephone number of the applicant's contact person.
•	The name and telephone number of the permitting agency's contact office and a mailing address
to which information, opinions, and inquiries may be directed throughout the permit review
process.
•	An address to which people can write to be added to the facility mailing list.
•	The location where the public can view and copy the permit application and any supporting
documents.
•	A brief description of the facility and proposed operations, including the address or a map (e.g., a
sketched or copied street map) of the facility location on the front page of the notice.
•	The date that the application was submitted.
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Additional Public Participation Activities
EPA encourages agencies and facilities to plan activities to maintain a steady flow of information.
Permitting agencies can keep the process open by sharing all NOD information with the public, whether
through the administrative record, an information repository, or another activity, such as a workshop or
online updates. If the NOD details are too arcane or technical to present directly to the public, the agency
can provide a short fact sheet. Holding workshops, conducting informal meetings, and providing periodic
fact sheets, press releases, and updates (including via online and social media) about the facility,
opportunities for pollution prevention, and the RCRA permit process can help spread information and keep
the community involved. Identifying a contact person to accept comments and answer questions will also
enhance communication. A toll-free telephone hotline with recorded status reports can reduce the potential
for rumors.
EPA encourages permitting agencies to respond (e.g., in writing, by email, by phone, at a meeting) to
comments and requests from the public during the application review process. Agencies should make
good faith efforts to address all public concerns and issues.
Step Three: Preparation of Draft Permit Stage
Once the permitting agency determines that an application is complete, it will make a decision to either
issue or deny the permit. If the agency decides to issue the permit, it issues a draft permit outlining the
conditions under which the facility can operate if the permit ultimately is approved. Otherwise, the
permitting agency tentatively denies the permit and issues a notice of intent to deny the permit application.
The permitting agency must announce this decision to the public, and must provide a public comment
period of at least 45 days for public input on the draft permit or notice of intent to deny. More public
participation is required during this stage than at any other time during the permitting process.
These public participation activities are required under 40 CFR § 124.6 during the draft permit stage:
•	The permitting agency must issue a public notice when issuing a draft permit or a notice of intent
to deny the permit application.
•	The permitting agency must prepare a fact sheet or a statement of basis to accompany the draft
permit.
•	A 45-day public comment period begins following issuance of the draft permit decision.
•	The permitting agency must host a public hearing if requested by the public. Even if no one
requests a hearing, the agency may choose to hold one at its own discretion.
Public Notice of Draft Permit Decision
Whether the permitting agency decides to issue a draft permit or a notice of intent to deny the permit
application, the agency must notify the public of the decision and the start of the 45-day (or longer) public
comment period. The agency must print the notice in a local newspaper, broadcast it over a local radio
station, and send a copy to the facility mailing list, relevant agencies, and applicable state, local, and tribal
government bodies. EPA encourages agencies to attempt to reach all segments of the affected community,
within reasonable means, when issuing the notice of the draft permit decision. Additional methods of
reaching the public include using websites, social media, blogs, flyers in community centers and
multilingual materials. Although the permitting agency is not required to retain documentation of the
notice, EPA recommends keeping a simple file with proof of the notices.
Fact Sheet or Statement of Basis
The permitting agency must prepare a fact sheet or a statement of basis to accompany every draft permit.
Regulation requires this fact sheet (40 CFR § 124.8) or statement of basis (40 CFR § 124.7), which differs
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
from commonly used informational fact sheets. This fact sheet must explain the principal facts and the
significant factual, legal, methodological, and policy questions considered when preparing the draft
permit (40 CFR § 124.8(a)). The fact sheet must also include, as applicable:
•	a brief description of the type of facility or activity that is the subject of the draft permit;
•	the type and quantity of wastes that are proposed to be handled at the facility;
•	a brief summary of the basis for the draft permit conditions;
•	reasons that any requested variances or alternatives to required standards do or do not appear
justified;
•	description of the procedures for reaching a final decision on the draft permit, including the
beginning and ending dates of the comment period and an address to which comments can be
sent; procedures for requesting a hearing and the nature of the hearing; and any other public
participation procedures before the final permit decision; and
•	the name and telephone number of a contact person for additional information. (40 CFR §
124.8(b))
A statement of basis is prepared for every permit for which a fact sheet is not prepared (40 CFR § 124.7).
The statement of basis should briefly describe the derivation of the conditions of the draft permit and the
reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative
decision.
EPA recommends that the permitting agency include the fact sheet or statement of basis with the notice of
the draft permit and make it available to all interested parties.
Public Comment Period and Public Hearings
Once the permitting agency issues the notice and fact sheet or statement of basis on the draft permit
decision, the public has 45 days to comment on the decision. During this period, anyone may submit
concerns or suggestions to the agency in writing, and the agency must later consider all significant
comments in its final permit decision. EPA encourages stakeholders to submit comments during this
period.
Any person may request a public hearing during the public comment period. The agency must hold a
public hearing if someone submits a written notice of opposition to a draft permit and a request for a
hearing, or if the number of requests for a public hearing demonstrates a significant degree of public
interest in the draft permit. The agency also may hold public hearings at its discretion. The agency must
notify the public about any hearings at least 30 days in advance; it may choose to combine this notice with
the draft permit notice. As with all comments submitted during the public comment period, the agency
must describe and respond to all significant comments raised during the public hearing.
Additional Public Participation Activities
Since the draft permit stage of the process is a period with extensive public involvement, EPA strongly
recommends that permitting agencies prepare public participation plans to keep track of activities during
this stage. Even the least controversial facilities should consider preparing a public participation plan. It
also is crucial to ensure that the public stays informed of the schedule for public participation activities, so
the permitting agency should consider using communication methods that go beyond the required public
notice. The permitting agency may want to prepare a news release when issuing the draft permit or notice
of intent to deny. Telephone hotlines, voice-mail recordings, website updates and social media posts also
can help inform the community of the dates and locations of public participation events.
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Since the draft permit stage provides many
opportunities for the public to express concerns
about a RCRA facility, it is important to ensure that
community members have ample resources to
develop an accurate understanding of the facility
and the RCRA process. The agency, facility, or a
public interest group may want to organize an
availability session, facility tours, or some other
activity during or prior to the comment period so
that the public can learn more about the facility.
Permitting agencies may hold public meetings prior
to a public hearing to provide a better forum for discussing issues.
In situations where a community wants more information on potential facility operations and the health and
environmental risks of those operations, community members or the agency can work with the facility to
set up facility tours or observation decks (safety permitting) during the public comment period. These
activities may be particularly useful for new facilities; facilities with proposed new or different
technologies; or explanations of pollution prevention accomplishments and opportunities. However, these
types of on-site activities can be a challenge because facilities typically are not constructed until after the
permit is issued.
While regulations require requested or necessary public hearings, interested stakeholders also may provide
informal meeting opportunities during this period. The public or other stakeholders may request one-on-
one or small-group informal meetings with the permitting agency, the permit applicant, or community
groups, or hold an informal forum for themselves. These informal meetings might improve cooperation
between stakeholders by providing a less confrontational setting than a public hearing.
Step Four: Final Permit Design Stage
After the public comment period closes, the Agency reviews and evaluates all written and oral comments
and reconsiders its initial decision on the draft permit. After responding to all significant public comments,
the Agency makes a final decision to issue or deny the final permit.
These public participation activities are required per 40 CFR §§ 124.15 and 124.17 during the final permit
design stage:
•	The permitting agency must issue a notice of decision on the permit application.
•	The permitting agency must prepare a response to comments document addressing all significant
comments raised during the public comment period.
The agency must send a notice of decision (not to be confused with a Notice of Deficiency) to the facility
owner/operator and any people who submitted public comments or requested notice of the final permit
decision. The agency must also prepare a written response to comments that includes a summary of all
significant comments submitted during the public comment period and an explanation of how the agency
addressed or rejected the comments in the final permit decision. This response to comments shows the
community that the agency considered the community's concerns in the final permit decision. The agency
must make the response to comments document available as part of the administrative record.
Additional Public Participation Activities
If the level of public interest during the comment period was high, the agency or facility may want to issue
a news release or fact sheet when the final decision is made, to inform a wide audience of the decision. It
may post this information online or announce the decision via the agency's or facility's website or
If on-site facility tours or observation decks are
not feasible, the facility may post an online
virtual tour, which guides viewers through
graphics and videos of the facility. The facility
owner/operator also may help familiarize the
public with the facility by posting e-resources
like Google Earth KMZ files or similar maps.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
social media account. The permitting agency may choose to update and release the fact sheet required in
40 CFR §124.8.
Public Participation During the Life of a Permit
The life of a RCRA permit encompasses all stages of facility operation, from construction to closure and
post-closure care. Over the life of a permit, updating the permit through permit renewals and permit
modifications typically takes more time than permit issuance. Many of these permit renewals and
modifications also include required and recommended public participation activities. Facilities that leave
waste in place when they close must obtain a post-closure permit; there are specific requirements for
public participation associated with closure and post-closure care.
Permit Modifications
Over time, facilities undergo changes that trigger the need to modify their permits. Just as public
participation is a component of the initial permitting process, it is also a part of the permit modification
process.
There are many reasons to modify a permit. Public
participation responsibilities and activities vary
depending on who initiated the modification (i.e., the
permitting agency or the facility owner/operator), as
well as the degree to which the modification would
change substantive permit provisions. Regardless of
who initiates the modification or when a modification
is proposed, only those permit conditions subject to
modification are reopened for public comment.
In some cases, the agency may initiate a permit
modification under 40 CFR § 270.41 to make
alterations or additions to the permitted facility or
activity; incorporate new information the agency has
received; incorporate new standards, regulations or
judicial decisions affecting the human health or
environmental basis of a facility permit; or modify a
compliance schedule for corrective action in the
permit. Modifications initiated by the regulatory
agency are subject to the full public participation
requirements outlined in 40 CFR part 124, as described
earlier in this chapter. The agency-initiated process is
relatively uncommon.
More often, the facility owner/operator requests a
permit modification to improve facility operations or
make changes in response to new standards. Facility-initiated modifications are categorized under 40 CFR
§ 270.42 as Class 1, 2, or 3 according to how substantively they change the original permit.5
• Class 1 modifications do not substantially alter the conditions in the initial permit or reduce the
facility's ability to protect human health and the environment. Most Class 1 modifications require
5 As of 2015, five states (Alabama, Florida, Maine, Minnesota, and Ohio) use the original "major or minor" permit categories in
lieu of the three class system introduced in the optional 1988 rule (53 FR 37912).
Recyclers of hazardous materials may
operate under one of the variances or non-
waste determinations listed in the CFR,
including the new verified recycler
variance announced in January 2015 as part
of the revised Definition of Solid Waste rule.
The goal of the verified recycler variance is
to provide communities strong protection
against the potential for mismanagement of
hazardous materials intended for recycling,
while encouraging legitimate recycling
activities to continue. The process for
granting this variance is similar to that for
granting a permit, and includes public
notification and the opportunity for a public
hearing. The same public participation
guidance that applies to permitting also
should be considered during the solid waste
variance and non-waste determination
process.
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
prior approval by EPA or the authorized state permitting agency. Some types do not require prior
approval, as specified in the regulations.
•	Class 2 modifications address common, facility-initiated changes needed to maintain safety or
regulatory compliance at the facility. Class 2 modifications enable facility owners/operators to
respond to variations in the types and quantities of waste managed by the facility, technological
advancements, and new regulatory requirements. Class 2 modifications do not substantially alter
the facility's design or waste management practices as outlined in the initial permit. Class 2
modifications do not reduce, and in most cases should enhance, the facility's ability to protect
human health and the environment.
•	Class 3 modifications cover major changes that substantially alter the facility or its operations.
For example, changes to waste management practices to accommodate new types of waste,
substantial increases in storage capacity, or changes to the facility's groundwater monitoring
program would require a Class 3 modification.
Exhibit 3-2 provides additional examples of the types of changes covered by each modification
classification. Exhibit 3-3 illustrates a process flowchart for each modification type.
The process for modifying a permit and the accompanying requirements for public participation differ
depending on the classification of the modification. For Class 2 and 3 modifications, the modification
process follows a series of steps similar to the initial permit application process. In contrast, the
administrative requirements for Class 1 modifications are comparatively minor.
The public participation requirements are described in more detail in Exhibit 3-4. Class 2 and 3
modifications require the facility to involve the public in many steps throughout the process, but Class 1
modifications require only the distribution of a public notice. The facility owner/operator is responsible for
conducting much of the public participation for modifications he or she initiates, particularly for Class 2
and 3 permit modifications.
The facility, rather than the agency, bears much of the burden of explaining its actions to the public,
although the agency provides additional explanations to the public for Class 3 modifications. Federal
regulations require the permitting agency to maintain an updated mailing list, although some state
regulations delegate this responsibility to facilities. To ensure that the facility's public participation efforts
are successful, facility and agency staff should discuss how to conduct the required activities, and the
agency should provide guidance and assistance where necessary. EPA also encourages facilities to consult
with communities to determine which activities will best promote public participation.
Exhibit 3-2. Examples of Permit Modification Classifications
CLASS 1
CLASS 2
CLASS 3
Administrative and
informational changes
Changes in frequency or content
of inspection schedules
Addition of corrective action
program
Correction of typographical
errors
Changes to corrective action
program
Creation of a new landfill as part
of closure
Changes in names, addresses,
and phone numbers of
emergency coordinators
Extensions of post-closure care
period
Addition of compliance
monitoring to groundwater
monitoring program
Changes to waste sampling and
analysis methods to comply
with new regulations
Changes to facility training plan
that affect the type or amount of
employee training
Reduction in post-closure care
period
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Chapter 3: Public Participation During the RCRA (Base) Permitting Process
CLASS 1
CLASS 2
CLASS 3
Changes to analytical quality
assurance and quality control
plan to comply with new
regulations
Changes in number, location,
depth, or design of groundwater
monitoring wells
Addition of temporary
incinerator for closure activities
Note: Permit modifications are classified in more detail in Appendix I to 40 CFR § 270.42.
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Chapter 3: Public Participation During the RCRA Permitting Process
Exhibit 3-3. Process for Class 1,2, and 3 Permit Modifications (Mod)
Class 1 Mod Request
Class 2 Mod Request
Class 3 Mod Request
Send mod request to the permitting agency
-	Send mod request to the permitting agency
-	Send notice of mod request to the mailing list
-	Publish notice in local newspaper
-	Make a copy available near the facility
Does this change
require prior
approval by the
Director?
-	Send notice of mod request to the mailing list
-	Publish in local newspaper
-	Make a copy available near the facility
60-day
comment
period
Host informal public
meeting during the
comment period
Yes
Within 7 days No
of the change ±
60-day
comment
period
Host informal public
meeting during the
comment period
Send notice to
the Director
Agency
decision
30 days
Within 90 days
of the change
Temporary
Perform activity authorization
for up to 180 	
days
Agency response
to mod request
Agency
decision
Decision
No decision
Notify mailing
list
Optional
Approve the request (with or without
changes) and issue the revised permit
Deny permit mod
^ 45-day comment period
Agency
decision
^Deny
Approve
Deny request
Assess
request
Deny the
request
Issue the revised permit
Delay decision
for 30 days
Update the permit
Hold a public hearing if requested
Approve
request
Deny the
request
Assess the mod
request* and
incoming
comments
Assess the
mod request*
and incoming
comments
Written public comments due
to permitting agency
Written public comments due
to permitting agency
Approve request and prepare the draft permit with
the modification included. Notify the public of the
draft permit conditions.
Key to Flow Chart Symbols
Facility
Permitting Agency
Decision
Subsequent agency decision
before end of 300 days
-	At 120 days after public notice, requested activity may
begin for 180 days
-	At 250 days the public is notified that it may be permanent
-	At 300 days authorized for the life of the permit
No additional
agency response
See 40 CFR 270.42 for the full federal regulations for permittee mod requests. State regulations may vary. Several states have not adopted the regulations for the three class structure, and use the preexisting Major and Minor Mod structure. * The permitting Agency may need additional information
from the facility in order to make a decision and these interactions can be lengthy. The Permitting Agency may also determine that the class should be higher or lower (or deciding if a Class 1 needs prior approval) based on the change being made. The separate temporary authorization process can
be used for Class 2 or 3 as appropriate (although not referenced in the Class 3 process above).
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Chapter 3: Public Participation During the RCRA Permitting Process
Exhibit 3-4. Public Participation Requirements for Class 1, 2, and 3 Permit Modifications
TYPES OF
MODIFICATION CHANGES
CLASS	COVERED
FACILITY
REQUIREMENTS AND	AGENCY REQUIREMENTS
TIMING FOR PUBLIC	AND TIMING FOR PUBLIC
PARTICIPATION	PARTICIPATION
ACTIVITIES	ACTIVITIES
Class 1 - no prior
approval required
Routine and
administrative changes
•	Within 7 days: Inform agency.
•	Within 90 days of
implementing the change:
Notify mailing list.
• Provide the maintained mailing
list to facility.
Class 1 - prior
approval required
More involved
administrative changes
(such as change of
ownership), changes in
procedures, and specific
facility modifications
•	Day 1: Submit modification
request to agency.
•	Within 90 days of agency
approval: Notify mailing list.
• Provide the maintained mailing
list to facility.
Class 2
Improvements in
technology and
management
techniques
•	Day 1: Submit modification
request to agency.
•	Within 7 days: Publish
newspaper notice, notify
mailing list, and place copy of
permit modification request
and supporting documents in
accessible location in the
vicinity of facility. Newspaper
notice marks start of 60-day
public comment period.
•	Between days 15-45: Hold
public meeting.
•	If agency does not act within
250 days of the modification
request, notify mailing list that
automatic authorization will
become permanent in 50 days.
•	Day 300: If agency has not
responded, activity is
permanently authorized.
•	If requesting a temporary
authorization, within 7 days
of request: Notify public.
•	Provide the maintained mailing
list to facility.
•	Day 60: Public comments on the
modification request due to
agency.
•	Day 90: Response to
modification request due,
including response to all written
and significant comments.
Deadline may be extended 30
days.
•	Issue notice to the mailing list
within 10 days of any decision
to grant or deny modification
request.
•	Issue notice to the mailing list
within 10 days after automatic
authorization goes into effect.
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Chapter 3: Public Participation During the RCRA Permitting Process
TYPES OF
MODIFICATION CHANGES
CLASS	COVERED
FACILITY
REQUIREMENTS AND	AGENCY REQUIREMENTS
TIMING FOR PUBLIC	AND TIMING FOR PUBLIC
PARTICIPATION	PARTICIPATION
ACTIVITIES	ACTIVITIES
Class 3
Major changes to a
facility and its
operations
Day 1 : Submit modification
request to agency.
Within 7 days: Publish
newspaper notice, notify
mailing list, and place copy of
permit modification request
and supporting documents
in accessible location in the
vicinity of facility.
Newspaper notice marks start
of 60-day public comment
period.
Between days 15-45: Hold
public meeting.
If requesting a temporary
authorization, within 7 days
of request: Notify public.
Provide the maintained mailing
list to facility.
Day 60: Public comments on the
modification request due to
agency.
After conclusion of 60-day
comment period: Grant or deny
the modification request
according to permit modification
procedures of the CFR:
Issue public notice of draft
modification or intent to deny
modification.
Prepare a fact sheet or statement
of basis.
Announce 45-day public
comment period on draft permit
decision.
Hold public hearing, if requested
or at agency's discretion, with
30-day advance notice.
Consider and respond to all
significant written comments
received during 60-day
comment period.
Respond to written and oral
comments from 45-day
comment period.
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The public may be
concerned about the
thoroughness of
cleanup and post-
closure monitoring at
Closure and Post-Closure at Permitted Facilities
Facilities may discontinue operations at one or more solid waste management
units (SWMUs) for a number of reasons. The units may have reached capacity,
the facility owner/operator may no longer wish to accept waste, or the facility
may have lost interim status (see following section) and be required to close by
the permitting agency. During closure, facility owners/operators complete
treatment, storage, and disposal operations; apply final covers or caps to
landfills; and dispose of or decontaminate equipment, structures, and soil.	facilities.
Post-closure, which applies only to land disposal facilities that do not "clean
close," or remove all contaminants from the unit, is normally a 30-year period after closure during which
owners/operators conduct monitoring and maintenance activities to preserve the integrity of the disposal
system. However, the regulatory agency has discretion to extend or shorten the length of the post-
closure care period as necessary to ensure protection of human health and the environment. Any
potential changes to the length of the post-closure care period should be presented to the public.
EPA regulations (40 CFR §§ 264.112 and 264.118) require facilities seeking operating permits to submit
closure and post-closure plans (if appropriate) with their Part B applications in accordance with 40 CFR §
270.14(b) (13). Land disposal facilities that leave waste in place when they close must obtain a post-
closure permit, which specifies the requirements for proper post-closure care. The public has the
opportunity to comment on a facility's closure and post-closure plans and any amendments made to the
plans as part of the permitting and permit modification processes, as described earlier.
In the RCRA Expanded Public Participation rule, facilities seeking permits for post-closure are exempt
from hosting the required pre-application meeting (40 CFR 124.31). However, the facility, permitting
agency, or a community group may decide to hold some type of meeting prior to issuance of the post-
closure permit.
The permitting agency and other involved organizations should be aware of concerns the public may have
around facility closure, including:
•	reservations about how clean the facility will be after it closes;
•	concern that the facility owner/operator will not have the will or financial resources to uphold his
or her obligations to monitor post-closure operations at the facility, particularly if he or she
leaves the facility or community; and
•	concerns about corrective action, if the facility closes before all necessary corrective actions are
completed and is subject to a compliance schedule for corrective action.
Public interest groups, the permitting agency, or the facility should try to address these concerns by
providing fact sheets and online resources or by conducting educational workshops and informational
meetings about the closure plan and facility conditions. A "full" facility closure requires full public
involvement activities. However, for a partial closure that only involves permit modification, the extent of
public participation already is included in the process.
Public Participation at Interim Status Facilities
When writing the RCRA legislation, Congress granted special status to facilities that existed when the
statute went into effect and to facilities that would be brought under RCRA by new regulations. EPA
refers to these facilities as having interim status. As of 2015, there are fewer than 20 facilities operating
under interim status, although many more are in closure or post-closure stages. According to RCRA,
interim status facilities do not need a permit to operate; instead, while they are seeking permits, they
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follow a category of regulations EPA created specifically for them. When EPA or a state issues a RCRA
operating permit to one of these facilities, the facility loses its interim status.
Interim Status Facility Operation
Because interim status facilities can operate without a permit, many
people are concerned that some of these facilities are not as safe as
permitted facilities. In addition, because they are not permitted
facilities, interim status facilities are not required to follow public
participation procedures. Interim status facilities therefore often pose
public participation challenges, even though many of them have
been operating for years.
Regulatory agencies may need to use innovative techniques to communicate with and provide information
to communities about interim status facilities. If the public shows interest in an interim status facility, the
permitting agency and facility owner/operator should consider taking these steps to encourage public
participation:
•	The agency may host a workshop or availability session to explain the special situation of interim
status facilities to the public and to provide information on facility operations.
•	The facility may set up an on-site information booth, website, or information repository to
provide background materials to the public.
•	The facility or agency may establish a contact person, and make his or her name and contact
information available to the public to improve communication between the facility/agency and
community.
If an interim status facility begins to attract public interest, the agency should consider moving the facility
toward getting a permit and undergoing the public participation steps the permitting process requires. The
permitting process will give community members an opportunity to air concerns and to encourage the
facility to make important changes. As an interim status facility begins the permitting process, it can start
to involve the community by making a draft Part B application available to the public before submitting it
to the permitting agency.
Closure and Post-Closure at Interim Status Facilities
Facilities may also close under interim status, often under enforcement orders. Facilities that are closing
under interim status must submit closure and post-closure plans (if appropriate) under 40 CFR §§ 265.112
and 265.118. Public participation activities for interim status facilities during the closure and post-closure
processes are specified in 40 CFR §§ 265.112(d)(4) and 265.118(f).
In some cases, the facility, public or permitting agency may seek to modify these closure or post-closure
plans. The public can petition the agency to extend or reduce the post-closure care period at an interim
status facility or land disposal unit, and the agency can then initiate modifications to the plans. An interim
status facility may amend its closure plan at any time prior to the notification of partial or final closure, and
its post-closure plan any time during the active life of the facility or during the post-closure care period. To
do so, a facility owner/operator with an approved closure or post-closure plan may submit a written request
to the agency to authorize a change. Exhibit 3-5 summarizes requirements for public participation during
issuance and revision of closure and post-closure plans.
A good facility-community
relationship during interim
status will make for a more
cooperative permitting process.
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Chapter 3: Public Participation During the RCRA Permitting Process
Exhibit 3-5. Public Participation Requirements for Issuance and Revision of Closure and
Post-Closure Plans at Interim Status Facilities
TYPE OF ACTION REGULATORY REQUIREMENTS FOR PUBLIC PARTICIPATION
Creation of Closure or
Post-Closure Plan
•	The agency must issue a public notice in the newspaper announcing that the public
and facility can submit written comments and request modifications to the closure
and post-closure plans within 30 days.
•	In response to a request or at its own discretion the agency may hold a public
hearing on the plan(s), if such a hearing might clarify one or more of the issues
concerning the plan(s). The agency must provide public notice at least 30 days
before the hearing.
•	The agency must approve, modify, or disapprove the plan(s) within 90 days of
their receipt.
Public Petition on Post-
Closure Plan
•	The public can petition the agency to extend or reduce the post-closure care period
applicable to an interim status facility or land disposal unit.
•	Whenever the agency is considering a petition on a post-closure plan it must issue
a public notice in the newspaper announcing that the public and facility can submit
written comments within 30 days.
•	In response to a request or at its own discretion the agency may hold a public
hearing on the post-closure plan if such a hearing might clarify one or more of the
issues concerning the plan. The agency must provide public notice at least 30 days
before the hearing.
•	If the agency tentatively decides to modify the post-closure plan, it must issue a
public notice in the newspaper announcing that the public and facility can submit
written comments and request a public hearing within no more than 30 days.
•	After considering the comments, the agency issues a final decision.
Facility- or Agency-
Initiated Modification
to Closure or Post-
Closure Plan
•	If an amendment to the closure plan would be a Class 2 or 3 permit modification
according to the criteria specified in 40 CFR 270.42. then it is subiect to the Diiblic
Darticioation procedures in 40 CFR 265.112(d)(4) (see reauirements under
Creation of Closure or Post-Closure Plan).
•	If an amendment to the post-closure plan would be a Class 2 or 3 permit
modification accordins to the criteria specified in 40 CFR 270.42. then it is subiect
to the Diiblic Darticioation procedures in 40 CFR 265.118(f) (see reauirements
under Creation of Closure or Post-Closure Plan).
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Chapter 4: Public Participation in RCRA Corrective Action under Permits and RCRA § 3008(h) Orders
CHAPTER 4:
PUBLIC PARTICIPATION IN RCRA
CORRECTIVE ACTION UNDER PERMITS
AND RCRA § 3008CH) ORDERS
Introduction
This chapter describes EPA's public participation guidelines for the
corrective action program. It reflects the current EPA position on these
issues as the corrective action program continues to evolve.
EPA may authorize state environmental agencies to implement the
corrective action program, provided that the state's corrective action
requirements are at least as stringent as the federal requirements. Where
states implement the program, EPA plays an oversight role. At the
federal level, corrective actions may take place under a RCRA permit or as an enforcement order under §
3008 (h) of RCRA. Where RCRA permits are modified to incorporate corrective actions, these changes
must follow permit modification procedures in 40 CFR §270.41 or 270.42. In authorized states, corrective
action may take place under a state-issued RCRA permit, a state cleanup order, a state voluntary cleanup
program or another state cleanup authority. EPA encourages interested individuals to check with their state
agency for information on the available corrective action sites in the area.
Corrective actions usually involve these key stages:
•	Initial Site Assessment (RCRA Facility Assessment, or RFA).
•	Site Characterization (RCRA Facility Investigation, or RFI).
•	Interim Actions.
•	Evaluation of Remedial Alternatives (Corrective Measures Study, or CMS).
•	Remedy Selection (Statement of Basis).
•	Remedy Implementation (Corrective Measures Implementation, or CMI).
•	Completion of the Remedy.
While these elements compose the typical approach to facility cleanup, facilities may use alternative
approaches if they achieve remediation. The degree of cleanup necessary to protect human health and the
environment varies significantly across RCRA facilities, so few cleanups will follow exactly the same
course.
U.S. Navy's Atlantic Fleet Weapons Training Facility, Vieques Island, Puerto Rico
RCRA corrective action: Starting in 2003, community members were involved in activities related
to corrective action at this Navy facility, including development of a Community Involvement Plan;
participation on a Restoration Advisory Board; involvement in public forums; and creation and
distribution of fact sheets, newsletters, and other public materials in both Spanish and English.
Individuals should check
with their state
environmental agency for
information on public
participation opportunities.
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Chapter 4: Public Participation in RCRA Corrective Action under Permits and RCRA § 3008(h) Orders
Overview of Public Participation in Corrective Action
There are several key considerations to keep in mind while planning public participation for RCRA
corrective action:
•	Public participation during corrective
action derives from a combination of
regulations and EPA guidance. Although
regulations under Parts 124 and 270 of
Title 40 of the Code of Federal Regulations
(CFR) outline the required public
participation activities for corrective
actions beginning with permit issuance or
modification, there are no regulatory
requirements for public participation in
corrective actions under RCRA § 3008(h)
orders. EPA guidelines advise additional
public participation activities in both cases,
suggesting supplementary provisions that
the permitting agency may include in the
permit for corrective actions. EPA
recommends that corrective action
processes under RCRA § 3008(h) orders
include the same provisions for public
participation that accompany corrective
action under a permit.
•	Public participation in RCRA corrective
actions should be consistent with
Superfund procedures. A significant
portion of the RCRA corrective action
process is similar to the Superfund process.
EPA encourages permitting agencies and
facilities to make public participation
activities under the RCRA system
consistent with the activities required under
Superfund, whenever appropriate. Of
course, it also is important to recognize the
significant differences between the RCRA
and Superfund programs, and the difficulty
of directly applying Superfund public
participation requirements at each stage of
the RCRA corrective action process.
•	Stakeholders must share responsibility for public participation activities in corrective
actions. Since certain cleanup steps in a corrective action process may be implemented by
different stakeholders - primarily the overseeing agency or the facility owner/operator - these
stakeholders should consider how best to share responsibilities for public participation. Public
participation activities often will be more useful if the individuals who conducted the most recent
cleanup step conduct these activities. If the facility owner/operator performs a facility
investigation, it is more appropriate for the facility owner/operator to run the following public
meeting, rather than the permitting agency.
EPA recommends that the substantive
corrective action requirements and public
participation requirements imposed under an
order should be the same as those if corrective
action were taking place under a permit. There
are two directives addressing public
participation in RCRA § 3008(h) orders
Directive 9901.3, Guidance for Public
Involvement in RCRA Section § 3008(h)
Actions (May 5, 1987) and Directive 9902.6,
RCRA Corrective Action Decision Documents:
The Statement of Basis and Response to
Comments (April 29, 1991). These directives
that suggest public participation activities in
orders, even though such activities are not
required by statute. The directives suggest these
activities after the selection of a proposed
remedy:
•	Writing a statement of basis discussing the
proposed remedy;
•	Providing public notice that a proposed
remedy has been selected and the statement
of basis is available;
•	Providing a public comment period (30-45
days) on the proposed remedy;
•	Holding a public hearing if requested; and
•	Writing a final decision and response to
comments.
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Chapter 4: Public Participation in RCRA Corrective Action under Permits and RCRA § 3008(h) Orders
Special Considerations for Public Participation Activities Under
RCRA§ 3008(h) Orders
Though corrective actions under RCRA § 3008(h) orders should offer roughly the same public
participation activities as those under permits, there are several special considerations involved in
corrective actions under orders:
•	Consent vs. Unilateral Orders: RCRA § 3008(h) orders may be issued either on consent or
unilaterally. A consent order is issued when the facility and the regulatory agency agree about the
corrective action; a unilateral order is issued when the regulatory agency and the facility are
unable to agree about the need for, or the scope of, corrective action. Public participation will
likely proceed differently depending on whether corrective action is proceeding under a consent
or unilateral order. When corrective action takes place under a consent order, the regulatory
agency should explain to the community that corrective action orders on consent are a means to
expedite initiation of corrective action activities. Under a consent order, the agency should
consider negotiating with the facility to prepare a public participation plan—if community
interest in the facility is high—or at least conduct some activities as terms of the order. If the
agency issues a unilateral order, it may be necessary or appropriate for the agency to assume all
or most public participation responsibilities.
•	Limitations on Releasing Information: When the Agency is negotiating an order with the
facility, some information might be confidential. The aim of these negotiations is to encourage
frank discussion of all issues and resolve differences, allowing the agency to issue an order on
consent rather than unilaterally. Public disclosure of some information may be in violation of
state and federal statutes and could jeopardize the success of the negotiations, so agency staff
should coordinate any public notices before releasing information. If community interest in the
facility is high, the project manager, project staff, and the Public Involvement Coordinator, if
there is one, should discuss how to address concerns without breaching confidentiality. At the
very least, the public deserves to know why these limitations are necessary, and when and if they
will be lifted.
Public Participation Roles During RCRA Corrective Action
There are several public participation activities currently required under federal regulations, as well as
additional activities that EPA recommends. Exhibit 4-1 summarizes the stages of the RCRA corrective
active process and corresponding opportunities for public participation.
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Chapter 4: Public Participation in RCRA Corrective Action under Permits and RCRA § 3008(h) Orders
Exhibit 4-1. Elements of Corrective Action and Opportunities for Public Participation*
CORRECTIVE
ACTION ELEMENT
OPPORTUNITIES FOR PUBLIC PARTICIPATION
RCRA Facility
Assessment (RFA)
(Initial Site
Assessment)
•	Permit is available for public comment.
•	For enforcement orders, administrative record is available for public review.
•	Additional activities: mailing list, public participation plan, fact sheets, open
house, workshop.
RCRA Facility
Investigation (RFI)
(Site Characterization)
•	Permit is available for public comment.
•	For enforcement orders, planned RFI is available for public comment.
•	Information repository is established, if required.
•	Additional activities: mailing list, public participation plan, fact sheets, summary of
RFI report, notifications for discovery of contamination, informal meetings,
workshops.
Interim Measures (IM)
•	Permit is available for public comment.
•	Additional activities: interim action plan, contact person, fact sheets, informal
meetings.
•	Depending upon whether the IM directive affects off-site areas (e.g., vapor
intrusion, community drainage ways), customized activities may include residential
property access and cleanup agreements, data results letters, an agency webpage
posting technical sampling results and work plans (showing sampling plan and data
from off-site areas).
Corrective Measures
Study (CMS)
(Evaluation of
Remedial Alternatives)
•	Permit or permit modification is available for public comment.
•	Additional activities: preferred remedy presentation, informal meetings, availability
sessions, workshops, fact sheets, contact person, hotline, web-based forums for
public feedback.
Remedy Selection
•	Tentatively selected remedy is available for public comment as part of permit
modification.
•	Fact sheet or statement of basis published; public comment period and
associated public hearing or public meeting held; response to comments published;
final remedy decision and supporting information published.
•	Additional activities: informal meetings, workshops.
Corrective Measures
Implementation (CMI)
(Remedy
Implementation)
•	Permit modification is available for public comment.
•	Additional activities: CMI plans and specifications, fact sheets or other periodic
updates, open houses, availability sessions.
Completion of the
Remedy
•	Permit modification is available for public comment.
•	Additional activities: notation of remaining hazardous waste recorded in deed to
property.
* Depending on the level of public interest (see Exhibit 2-2), the opportunities and demand for public participation
will vary.
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Chapter 4: Public Participation in RCRA Corrective Action under Permits and RCRA § 3008(h) Orders
RFA - Initial Site Assessment
The corrective action process usually begins with an initial site assessment, called a RFA. Either the
overseeing agency or the facility conducts the RFA with subsequent agency approval. The purpose of an
RFA is to gather data about a site, including data on releases and potential releases of hazardous waste
and hazardous constituents, to determine whether a cleanup may be necessary. RFAs usually include a
file review of available facility information; a visual site inspection to confirm available information on
SWMUs at the facility and to note any visual evidence of releases; and in some cases, a sampling visit to
confirm or disprove suspected releases.
An RFA report records the RFA results, describes the facility and the waste management units present at
the facility, and notes any releases or potential releases. It will also describe releases and potential releases
from other, non-waste-management-associated sources (e.g., a spill from a product storage tank).
Interested individuals may request copies of RFA reports from the appropriate EPA regional office or
state agency. To obtain these reports, a Freedom of Information Act (FOIA) request is needed. For
information on how to submit a FOIA Request to EPA, please visit https://www.epa.gov/foia.
If corrective action takes place in the context of a RCRA permit, the permit application will also describe
the physical condition of the facility, including its subsurface geology, the waste management units
present at the facility, and any releases and potential releases.
The RFA report usually serves as the basis for future corrective actions at a facility. If, after completion of
the RFA, it appears likely that a release exists, the overseeing agency will develop facility-specific
corrective action requirements in a schedule of compliance, which will be included in the facility's permit
or in a RCRA § 3008(h) corrective action order.
Required Activities
For corrective action implemented through a permit, the public may comment on the schedule of
compliance for corrective action during permit issuance and subsequent permit modification.
When corrective action is implemented though a RCRA § 3008(h) order, the public should be given an
opportunity to comment on the schedule of compliance when the order is issued; however, it may take
many months of discussions between the facility owner/operator and the overseeing agency before an
order is issued. On the day the order is issued, the administrative record should be made available to the
public. The administrative record contains all information considered by the agency in developing the
order. The agency may want to place a copy of the administrative record at a local library near the facility.
E.I. DuPont de Nemours & Company (DuPont), Pomoton Lakes, New Jersey
Use of social media: Community engagement was a particularly high priority at this site due to
public health concerns raised by ongoing remedial investigations and actions. In addition to the
typical communication methods of a Community Advisory Group, public meetings, and website
updates, this site also had a Community Involvement Coordinator who maintained a Facebook page
dedicated to the site. The page featured photographs, information on public and recent news, and
community discussions, providing another forum for information sharing.
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Chapter 4: Public Participation in RCRA Corrective Action under Permits and RCRA § 3008(h) Orders
Additional Activities
During the discussions between the facility owner/operator and the overseeing agency before a RCRA §
3008(h) order is issued, which can take months to years, the facility owner/operator may develop a mailing
list (which may include e-mail addresses in addition to physical addresses) and a public participation plan.
The overseeing agency or facility owner/operator then should consider creating a fact sheet with details of
the order and the corrective action process. If there is a high level of interest in the facility, the agency or
facility owner/operator should also consider holding an open house or workshop. Wherever possible, the
overseeing agency or facility owner/operator should provide similar information online (e.g., publishing
fact sheets on its website, uploading video recordings of workshops, or posting updates to social media).
RFI - Site Characterization
A RFI is necessary when a release or potential release has been identified, but additional information is
required to determine the nature and scope of possible corrective actions. The purpose of an RFI is to
characterize the nature and extent of contamination at the facility and to support selection and
implementation of a remedy or, if necessary, interim measures.
Required Activities
If corrective action takes places in the context of a RCRA permit, the public has the opportunity to review
and comment on the scope of the RFI, and RFI schedules and conditions, during permit issuance. The RFI
usually follows an agency-approved RFI plan. If the RFI plan is incorporated into a permit by a permit
modification, the public will have an opportunity to comment on the scope and schedule of the RFI
during the modification process. The public often has valuable institutional knowledge that can be tapped
and can strengthen the RFI (e.g., citizens may have observations of historic stormwater pathways; former
workers can share past waste handling practices, such as poor waste disposal or facility giveaways of
materials to be used as local fill with constituents).
If corrective action is conducted under a RCRA § 3008(h) order, the public should be given the
opportunity to review and comment on the scope of the RFI and RFI conditions when the order is issued or
when the RFI work plan is approved.
RFIs can often involve numerous rounds of field investigation and can take months or years to complete.
During the RFI process, it may be necessary to change the RFI requirements or modify the RFI schedule
to react to new information. When corrective action takes place in the context of a RCRA permit, the
public has an opportunity to comment on changes to RFI conditions and schedules during the permit
modification process. When corrective action is conducted under an order, the public's opportunities to
review changes to RFI conditions and schedules should be consistent with the opportunities available
under a permit.
The facility should use and update its mailing list throughout the corrective action process to keep
community members informed. Ideally, such a mailing list was compiled during the initial stages of the
permitting process or preparation of the corrective action order. The overseeing agency or facility
owner/operator also may want to consider providing similar information online through its website or
social media.
In some cases, (e.g., where there is a high level of public interest in corrective action activities), the
overseeing agency will create an information repository to ensure adequate public involvement. When
corrective action takes place under a RCRA permit, the agency can require the facility to establish a
repository under 40 CFR § 270.3 0(m). A repository at the RFI stage will provide access to information
from an early stage in the process, though the agency has the discretion to use this provision at any stage in
the permitting or corrective action process. If the agency decides to require a repository, it will direct the
facility to notify the public of the repository, including the name and phone number of a contact person.
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The facility should consider supplementing all required notifications with web-based information, such as
social media posts or notifications on its website.
Romic Environmental Technologies Comoration. East Palo Alto. California
Use of creative communication methods: This former hazardous waste management facility was
demolished and undergoing RCRA correction action. Creative community outreach methods included
sponsoring a display booth at the local Cinco de Mayo festival and creating two videos about the site's
cleanup that aired on local news broadcasts.
Additional Activities
The start of the RFI usually marks the beginning of highly visible, ongoing corrective action activities at a
facility. When RFIs begin, it generally is appropriate to reevaluate community concerns and the level of
public participation, and to revise the public participation plan accordingly. Undertaking such efforts
early in the process before community concerns and issues become overwhelming will be beneficial in
the end.
One way to keep in touch with the community is to develop and distribute fact sheets throughout the RFI
process. It is a good idea to issue a fact sheet before the RFI begins to explain the investigation's purpose
and scope, and another fact sheet after the RFI is complete to report the investigation results. These fact
sheets also may be made available online and through social media.
EPA encourages all facilities to make the results of the RFI readily available to interested stakeholders.
They may distribute this information by sending a summary of the RFI report to the facility mailing list
or through a fact sheet, project newsletter, social media or website. The full report should be available for
review in an information repository, if one exists, or through some other method that is convenient for the
public. The facility owner/operator should also provide notice to all adjacent landowners and other
people who may have been affected by releases of contamination via air or groundwater from the facility.
EPA recommends that the owner/operator follow the provisions in the 1990 RCRA corrective action
regulatory proposal (proposed § 264.560(a) and (b)) for notifications for discoveries of contamination
(see 55 FR 30882).
Informal meetings or workshops held by the facility, the permitting agency, or public interest groups can
also provide valuable forums for discussing community concerns.
Interim Measures
Interim measures are actions and activities used to control or abate ongoing risks to human health or the
environment at a facility in advance of final remedy selection. Interim measures may be required in
situations where contamination poses an immediate threat to human health or the environment. They also
may be required to prevent further environmental degradation or contaminant migration prior to
implementing the final remedy. Interim actions may occur at any point in the corrective action process;
however, they are often implemented during the RFI or CMS. Recently, EPA has increasingly
emphasized the importance of interim measures and site stabilization in the corrective action
program.
Required Activities
When corrective action is proceeding under a RCRA permit, the permit may identify specific interim
measures or stabilization measures (if they are known at the time of permit issuance), or may have general
conditions that govern when interim measures might be required during the corrective action. In either
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case, the public can comment on the interim measures strategy in the draft permit as part of the permitting
process.
When corrective action is proceeding under a RCRA § 3008(h) order, the public should have the
opportunity to comment on specific interim measures or general interim measure conditions when the
order is issued, or in a manner that is consistent with the opportunities available when corrective action
takes place under a permit.
Additional Activities
If a facility owner/operator or the permitting agency anticipates that an early interim action will be the
only cleanup step taken over a significant period, the facility or agency should inform the public of its
plan. It should then receive feedback (e.g., via public meetings, written comments, a website, or social
media), unless the immediacy of the situation does not allow for feedback. The facility and the agency
should announce a contact person to provide information, and respond to inquiries about the action.
Agencies and facilities may find Superfund guidance on removal actions useful in the RCRA context (see
Suyerfund Community Involvement Handbook. Chapter 4).
It is a good idea to keep the public informed of such actions by issuing fact sheets, holding informal
meetings, or posting updates online and on social media. Because interim measures can take place at any
stage in the corrective action process, the facility may need to incorporate these activities into all stages of
its public involvement program.
CMS - Evaluation of Remedial Alternatives
When the need for corrective measures is verified, the facility may be required to perform a CMS to
identify and evaluate potential remedial alternatives. When the agency uses performance standards or a
similar approach, or the preferred remedial alternative is obvious (e.g., when EPA has issued a
presumptive remedy that is appropriate to site-specific conditions), it may not be necessary to submit a
formal CMS.
Required Activities
When corrective action is proceeding under a permit, the permit schedule of compliance may already
include conditions that specify when a CMS is warranted; the public can comment on these draft permit
conditions at the time of permit issuance. The RFI and CMS phases may last several years depending on
the complexity of the facility. Significant changes to the scope of CMS requirements as specified in the
permit may be considered Class 3 permit modifications, requiring significant public involvement.
Changes to the CMS schedule or CMS details are typically considered either Class 1 or 2 permit
modifications.
Public participation during corrective action under a RCRA § 3008(h) order should be consistent with
public participation under a permit. The public should have the opportunity to review and comment on the
scope of the CMS and CMS conditions when the order is issued or when the CMS work plan is approved.
Additional Activities
EPA emphasizes that it expects facility owners/operators to recommend a preferred remedy as part of the
CMS. While there is no formal requirement for public participation at this time, EPA strongly encourages
the facility to present its preferred remedy to the community before formally submitting it to the agency.
The facility should seek community input through an informal meeting, availability session, social media,
or another method that encourages dialogue. This early input is likely to improve many preferred remedies
and make them more agreeable to communities. It also will make the facility and the overseeing agency
aware of community concerns and ways to address them.
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Holding workshops and informal public meetings about the CMS process, remedies being considered, and
facility activities will keep the community involved and informed. Fact sheets distributed at significant
milestones during the CMS can keep the community abreast of progress. These fact sheets also may be
made available online or through social media.
The agency and facility should provide the name and telephone number of a contact person. The agency or
facility may consider establishing a dedicated hotline, website or social media account to answer frequently
asked questions. The mailing list, local newspapers, and social media are good ways to advertise
availability of the new hotline or web-based forum.
Remedy Selection
Following receipt of a recommendation for a preferred remedy from the facility owner/operator, the
overseeing agency reviews the preferred remedy and other remedial alternatives and decides to tentatively
approve the preferred remedy, tentatively select a different remedy, or require additional analysis of
remedial alternatives. The tentatively selected remedy will then undergo public review and comment,
usually in the form of a proposed modification to the facility's permit or corrective action order. Following
public review, the agency responds to public comments and then modifies the facility permit or corrective
action order to incorporate the remedy.
Delfasco Forge Facility. Grand Prairie. Texas
Principles such as honesty, inclusion, and trust: Trichloroethylene (TCE) from this facility
contaminated the groundwater and vapors migrated through the soil and into numerous homes.
Much of the community engagement involved door-to-door visits with translators on weekends and
during evenings to reach community members working multiple jobs. Through frequent contact,
EPA formed a strong relationship with the community, and community members even occasionally
asked staff members to stay for dinner at their homes.
Required Activities
When corrective action is proceeding under a permit, public review and comment on the tentatively
selected remedy generally use the procedures of 40 CFR § 270.41 for agency-initiated permit
modifications. For such a modification, 40 CFR § 270.41 requires the same level of public participation
as a draft permit. The permitting agency must release the proposed modification for public review and
issue a public notice announcing that release. The agency must publish this notice in a major local
newspaper, broadcast it over local radio stations, and send it to all people on the mailing list.
Agency staff also must prepare a fact sheet or statement of basis to explain the proposed modification and
the significant factual and legal reasons for proposing the remedy. The statement of basis describes the
proposed remedy, but does not select the final remedy for a facility. This approach allows for
consideration of additional information during the public comment period.
Following the comment period, public comment or additional data may result in changes to the remedy or
in another choice of remedy. After the agency has considered all significant comments from the public,
the final decision—selecting the remedy or determining the need to develop another option—is
documented in the response to comments.
A 45-day public comment period on the draft permit modification follows publication of the public
notice. The comment period provides the public with an opportunity to comment in writing on conditions
contained in the draft permit modification. If information submitted during the initial comment period
appears to raise substantial new questions concerning the draft permit modification, the agency must re-
open or extend the comment period.
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The public may request a public hearing on the draft permit modification. If a hearing is requested, the
agency must give a 30-day advance notice to the community, stating the time and place of the hearing. The
agency director has the discretion to schedule a public meeting or hearing even if the community does not
request one. In some cases, scheduling a public hearing before the public requests one may save valuable
time in the modification process and demonstrate a willingness to meet with the community to hear its
questions and concerns.
After the public comment period closes, the agency must review and evaluate all written and oral
comments and issue a final decision on the permit modification. The agency must then send a notice of
decision to the facility owner/operator and any people who submitted public comments or requested
notice of the final decision. The permitting agency must also prepare a written response to comments that
includes a summary of all significant comments received during the public comment period, and an
explanation of how the final permit modification addressed them or why they were rejected. The
response to comments must be available through the administrative record and the information
repository, if one was established, and must be sent to the facility and all people who submitted comments
or requested a copy of the response.
When corrective action is proceeding under a RCRA § 3008(h) order, the public's opportunity to review
and comment on tentatively selected remedies should be consistent with the opportunity that would be
available if the corrective action were conducted under a permit. At a minimum, this opportunity should
include publishing a notice and a brief analysis of the tentatively selected remedy (a statement of basis)
and making supporting information available. It also should include providing a reasonable opportunity
for submission of written comments; holding a public hearing or public meeting, if requested by the public
or determined to be necessary by the overseeing agency; preparing and publishing responses to comments;
and publishing the final remedy decision and making supporting information available. Additional
guidance is available in QSWER Directives 9901.3. Guidance for Public Involvement in RCRA Section
3008(h) Actions (May 5. 1987).
Additional Activities
The agency, public interest groups, or facility should consider holding workshops or informal meetings
about the proposed remedy during the public comment period. These discussion sessions can be especially
useful when information about corrective measures in a draft permit modification is complex or technical,
or when the level of community concern is high.
(CMI) - Remedy Implementation
Once the overseeing agency modifies the permit or corrective action order to include the selected remedy,
the facility must begin to implement the remedy. Remedy implementation typically involves detailed
remedy design, remedy construction, and remedy operation and maintenance, called a Corrective
Measures Implementation, or CMI. CMI is conducted in accordance with a CMI plan that has been
approved by the overseeing agency.
Required Activities
When corrective action is proceeding under a permit, the public will have an opportunity to comment on
CMI conditions and schedules during the permit modification for remedy selection, or when the permit is
modified to incorporate the CMI plan. Significant changes to the scope of CMI may be considered Class 3
permit modifications. Changes to the CMI schedule typically are considered either Class 1 or Class 2
permit modifications.
When corrective action is proceeding under a RCRA § 3008(h) order, the public's opportunity to comment
on CMI conditions and schedules should be consistent with the opportunities if corrective action were
taking place under a permit.
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Additional Activities
Remedy implementation will often involve highly visible activities, such as the construction of new on-
site treatment and containment systems, or the staging and transportation of large volumes of materials.
These activities may result in increased levels of public
interest, which already may be high due to the public's
participation in remedy selection.
Pharmacia and Upjohn Company
(now owned by Pfizer)
New Haven, Connecticut
Involving community members in
redevelopment plans: Pfizer worked
closely with the community and
implemented a stakeholder-driven reuse
planning process that resulted in agreement
to create an ecological preserve for the
future site. Close collaboration with the
Quinnipiac River Watershed Association,
North Haven Land Trust, Yale University
and others resulted in numerous public
meetings and two open houses at the site.
EPA recommends that the facility notify all individuals on
the mailing list when the construction plans and
specifications are available for public review. If the facility
established an information repository, the plans should go in
the repository; otherwise, the facility should place the plans
in a convenient location with public access, and consider
posting these plans online.
Because the corrective action process can take years to
complete, additional public participation activities may be
appropriate during CMI to inform the community of the
progress of the remedial action, especially if the public
shows concern over the pace or scope of the cleanup
operations. It may be useful to release periodic fact sheets to
the community about progress of the cleanup operations. The
facility may want to establish a website, blog or social media
account where it can post these updates. It also may hold an availability session or open house near or at
the facility to demonstrate or explain remedy activities. To supplement these activities, or when onsite
sessions are not feasible, the facility may also post photos or videos online to demonstrate progress.
Completion of the Remedy
Once corrective measures are complete, the overseeing agency will either terminate the corrective action
order or modify the permit to remove the corrective action schedule of compliance. Decisions regarding
completion of corrective measures can be made for an entire facility, for a portion of a facility, or for a
specified unit or release. EPA policy is for the public to have an opportunity to review and comment on all
proposals to complete corrective action.
Required Activities
When corrective action is proceeding under a permit, proposals to complete corrective measures should
follow the procedures for Class 3 permit modifications.
When corrective action is proceeding under a RCRA § 3008(h) order and a proposal to complete
corrective measures is issued, the public should have notice and comment opportunities that are
consistent with the opportunities under the Class 3 permit modification procedures.
Additional Activities
In some cases, hazardous wastes or hazardous constituents will remain in or on the land after completion
of corrective measures. When this occurs, the overseeing agency may require the facility to record a
notation in the deed to the facility property regarding the types, concentrations and locations of such
waste or constituents.
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Chapter 5: RCRA Public Participation Activities
CHAPTER 5:
RCRA PUBLIC PARTICIPATION
ACTIVITIES
Introduction
This chapter provides detailed descriptions of dozens of public
participation techniques—required and optional, formal and
informal. It explains the public participation methods
mentioned in the previous chapters and provides information
on additional methods. It covers a variety of activities to
provide public participation options to fit any community and
RCRA process.
While the permitting agency may conduct many of these
activities, all stakeholders can learn more about the different
kinds of activities in this chapter. This list is not exhaustive.
Stakeholders should consider which of these, or any other
public participation activities, best suit a particular situation.
The chapter presents a series of tables that outline required and optional
activities to facilitate public participation. For each activity, the exhibit describes the activity, notes the
RCRA processes when the activity is most likely to be used, summarizes its required and/or recommended
use, provides legal citations where applicable, and identifies additional resources.
Public Participation Plans
As described in Chapter 2, EPA strongly recommends the creation of public participation plans for RCRA
facilities, although such plans are not required. Public participation plans, which the permitting agency
typically creates, serve as the agency's schedule and strategy for public participation during the initial
permitting process, significant corrective actions, and other permitting activities at facilities receiving high
levels of public interest. Development of a public participation plan begins by assessing the level of
community interest and the types and prevalence of community concerns regarding a RCRA facility. This
assessment should be based on a variety of sources, possibly including community exchanges (e.g.,
interviews, canvassing and public meetings), file searches, reviews of past media coverage, and community
assessments completed by third parties. The plan then proposes activities to involve the community in the
RCRA process.
For permitting activities and corrective actions that do not raise a high level of public interest in the
community, the public participation plan may be a simple document outlining the regulatory requirements.
Major permitting activities and other high-interest activities will require a more detailed plan with
participation opportunities that exceed the requirements.
The Public
Public Participation
Activities
RCRA Permitting
Aeencv
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Chapter 5: RCRA Public Participation Activities
Public participation
activities shouldfit the
diversity, character,
and culture of the
affected community.
Assessing the Community
Before designing a public participation plan, the permitting agency should
perform an extensive community assessment. Each community is different
and has its own way of spreading information to interested people. Key
institutions and groups also vary from place to place, as do socioeconomic
status, culture and traditions, political and religious activity, and values.
Understanding these community characteristics is essential to facilitating
successful public participation. Community assessments should help agencies, facility owners/operators
and public interest groups identify public participation activities that are useful and meaningful for
particular communities.
While community assessments are particularly important when creating public participation plans, they can
also be useful at other points in the RCRA permitting and corrective action processes. Assessments are
essential tools for facility owners/operators who are applying for RCRA permits (including interim status
facilities), seeking major permit modifications, or undertaking significant corrective actions. Assessments
also may be appropriate at any stage during the life of a facility, especially in situations where the level of
public interest seems to be changing. In some cases, permitting agencies and facility owners/operators have
cooperated to conduct joint outreach activities. While the agency presence may make community members
more comfortable than working with representatives of the facility alone, EPA does not recommend such
cooperation as a rule because other stakeholders may perceive that the agency is taking sides. Permitting
agencies should use their discretion and maintain the agency's proper role during any such activities.
The permitting agency or facility should use community assessments to determine the level of public
interest in a facility and the composition and scope of the community segments most affected by the
facility.
•	Determining the level of public interest: While some RCRA processes do not generate much
interest or concern among community members, others evoke strong interest and require a much
greater public participation effort. This level of interest typically depends on factors such as the
type of RCRA action and its implications for public health and welfare; the current relationships
between the community, facility, regulatory agency, and other stakeholders; and the larger
economic and social context in which the RCRA action takes place. By helping characterize the
level of public interest in a RCRA action, the community assessment can help determine the
appropriate level of public participation for the process. Exhibit 2-2 in Chapter 2 provides a guide
for determining whether public interest in a facility is likely to be low, medium or high.
•	Identifying the affected community: Public participation activities should focus first on people
with a direct interest in a RCRA facility. It is often impossible to identify everyone who is
directly affected by a RCRA action. However, these populations typically live in the general
vicinity of the facility; have the potential to be affected by releases to groundwater, air, surface
water or the local environment (e.g., through game, livestock or agriculture, or damage to natural
areas); or live on or near roads that will have increased traffic from vehicles carrying hazardous
waste.
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Chapter 5: RCRA Public Participation Activities
EPA recommends the following steps for gathering information about the community:
•	Review newspaper articles and community publications (including web-based publications) related
to the RCRA action.
•	Speak with colleagues or anyone who has worked with the community in the past.
•	Contact local companies, universities, government agencies, civic groups, and public interest
organizations.
•	Understand the community's visions and values for the future.
•	Determine existing and potential community concerns.
•	Talk to the community to understand its concerns and record its oral history of the community's
health.
•	Identify populations with health sensitivities and minority and/or linguistically isolated stakeholders.
•	Identify and address quality of life concerns.
•	If there seems to be a high level of interest in the facility, conduct a broad range of community
interviews, including interviews with the facility's immediate neighbors, members of community
organizations, and any individuals who have expressed interest.
Planning for Participation
After identifying the major community concerns and relevant community characteristics during the
community assessment, the agency should draft a public participation plan that fulfills these elements of a
public participation framework:
•	Communicating with community members through mailing lists, interviews, online media and
other information sources.
•	Communicating with the media.
•	Communicating with elected officials.
•	Planning and conducting public participation events.
•	Coordinating public participation with other stakeholder groups and community events.
•	Preparing and distributing additional resources such as fact sheets, public notices, news releases,
meeting handouts, presentations and online or social media updates.
After identifying activities for each of these duties, the agency should construct a strategy and schedule for
implementing them. Creating a detailed schedule of planned public participation activities will both help
staff ensure that they stay on track with public participation and let the public know what type of activities
to expect throughout the RCRA process. The timeline for these
activities should correspond to the completion of major steps in the
RCRA process (e.g., application submittal, draft permit issuance,
completion of the RFI). These are the times community members are
most likely to have new questions or concerns.
Although the permitting agency should take the lead writing and
revising the public participation plan, it should include input from
Start early and plan ahead:
public interest in a facility can
grow rapidly and
unexpectedly.
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Chapter 5: RCRA Public Participation Activities
other stakeholders. It may be useful for the agency to work with other stakeholders during plan
development to find opportunities for future cooperation in public engagement activities. Such cooperation
can be an effective way to implement public participation events on a limited budget.
Whether or not the public is involved in creating the initial drafts of a public participation plan, the
permitting agency should make the final plan available to the public for comment. Encouraging this input
will help get the public involved early in the RCRA process. The public's input may be a useful source for
practical tips on how to tailor public participation events and communication methods to the community.
Other Required and Optional Public Participation Activities
The following exhibits describe a range of required and optional activities to facilitate public participation
in RCRA processes.
Exhibit 5-1 focuses on public notices, which are official announcements of proposed agency decisions or
facility activities and are required at many points in the RCRA process. These notices should provide the
public with an opportunity to comment on a proposed action and should represent a good faith effort to
reach all segments of the affected community. Examples of public notices include newspaper
advertisements, newspaper inserts, notices in free publications or existing newsletters, public service
announcements, broadcast announcements and advertisements, signs and bulletin boards, phone trees, and
social media.
Exhibit 5-2 describes other required public participation activities, and Exhibit 5-3 describes optional
activities. For each activity, the exhibit describes the activity, outlines its required or recommended use,
provides a legal citation if applicable and identifies additional resources.
Although the agency and facility should always seek to provide many opportunities for public
participation, the public will sometimes offer unsolicited but helpful information via phone calls, letters,
email, social media posts or office visits. Being attentive and receptive to unsolicited information can help
improve the facility's outreach program and in turn increase credibility.
EPA recommends that the public participation plan contain the following sections:
•	Executive summary.
•	Introduction/overview.
•	Facility history.
•	Description of the RCRA action.
•	Summary of community interviews and concerns, which also may include the presence of other
regulated facilities, Superfund sites, brownfields, or sources of pollution in the area
•	Description of any early consultation (e.g., interviews with group leaders) that informed the plan.
•	A list of the major issues likely to emerge during the RCRA process.
•	An estimation of the level of public interest that the RCRA process is likely to generate.
•	Public participation activities and schedule.
•	A list of the agencies, groups, and key individuals most likely to be interested in the process.
•	A list of key contacts.
•	Information on meeting and repository locations, if applicable.

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Chapter 5: RCRA Public Participation Activities
Exhibit 5-1. Requirements and Recommendations for Public Notices
STAKEHOLDER
RELEVANT
RCRA
PROCESSES
REGULATORY REQUIREMENTS
OTHER RECOMMENDATIONS FOR
USE
ADDITIONAL
RESOURCES
Permit Applicant
Permit
application
Permit
modification
Corrective
action
Closure and
post-closure of
interim status
facilities
Permitted and
interim status
combustion
facilities
The permitting agency must give official public notice:
•	When issuing a draft permit, receiving a permit
application, holding a public hearing, or granting an
appeal, as a notice to all relevant units of federal and
local government, the applicant, and facility mailing
list, as local radio broadcast, and as a publication in a
local newspaper (40 CFR §§ 124.10,124.12, 124.19).
•	If a modification request is granted or denied.
-	Class 1: as a notification to facility mailing list.
-	Class 2 or 3 (including automatic Class 2): as a
notification to facility mailing list and notice to all
relevant units of state and local government.
•	During the trial bum stage at permitted and interim
status combustion facilities (40 CFR §§ 270.62(b) and
(d), 270.66(d)(3) and (g)).
•	When an interim status facility undergoes closure or
post-closure (40 CFR §§ 265.112(d)(4), 265.118(f)).
•	EPA recommends seeking community input
to determine which information pathways
will be most effective for giving public
notice.
•	Hie permitting agency may also want to use
public notices when it is establishing mailing
lists or at other points throughout RCRA
processes, as well as to determine what
languages other than English may help the
message reach as many people as possible.
•	In addition to required public notices, the
agency or facility owner/operator may want
to issue notices online (e.g., via email,
websites, or social media).
Public notice
description from
SuDerfund toolkit
Sample uublic
notice of permit
issuance
Sample public
comment notice
Sample RCRA
public notices from
EPA Region 3
Sample RCRA
public notices from
EPA Region 4
Prospective permit
applicant and/or
Facility
owner/operator
Permit issuance
Permit
modification
Corrective
action
A prospective permit applicant or the owner/operator of a
facility must issue a public notice (40 CFR 124.31):
•	To announce the pre-application meeting, as a display
advertisement in a general circulation newspaper, a
sign near the facility, and as a broadcast media
announcement.
The owner/operator of a facility must issue a public
notice:
•	For permit modifications (40 CFR § 270.42):
-	Class 1: as a notification to facility mailing list.
-	Class 2: as a notification to facility mailing list and
a newspaper notice.
-	Class 3: as a notification to facility mailing list and
a newspaper notice.
•	As specified by the permitting agency if the facility is
required to create an information repository (40 CFR
§ 124.33).


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Chapter 5: RCRA Public Participation Activities
Exhibit 5-2. Required Public Participation Activities
ACTIVITY
RELEVANT
RCRA
PROCESSES
REGULATORY REQUIREMENTS
OTHER RECOMMENDATIONS
FOR USE
ADDITIONAL
RESOURCES
Mailing Lists
Mailing lists can be
important databases
and tools for
communication with
the public.
Permit issuance
Permit
modification
Corrective action
•	Hie permitting agency must establish and maintain
the facility mailing list (40 CFR § 124.10(c)(l)(ix)).
•	The agency must develop the list by:
a)	Including people who request in writing to be on
the list.
b)	Soliciting people for area lists from participants in
past permit proceedings in that area.
c)	Notifying the public of the opportunity to be put
on the mailing list through periodic publication in
the public press and in regional- and state-funded
newsletters, environmental bulletins, state law
journals, or other publications.
•	The permitting agency should develop
the mailing list as soon as possible
during the pre-application stage.
•	The mailing list should be updated at the
beginning of corrective action and permit
modification procedures.
•	The mailing list should include
concerned community members; elected
officials; appropriate federal, state, and
local government contacts; local media;
environmental groups; civic, religious,
and community organizations; facility
employees; and local businesses.
•	When information is distributed to the
mailing list, it also may be useful to post
the information online or distribute via
social media.
Mailina list descriDtion
from SuDerfund toolkit
Contact Persons/
Offices
The contact person or
office is responsible
for responding to
inquiries from the
public and the media.
Permit issuance
Permit
modification
Corrective action
Permitted and
interim status
combustion
facilities
•	The permitting agency must designate a contact
office for the agency and a facility contact in most
public notices, including:
- For draft permits (40 CFR § 124.10(d)).
For notices of intent to deny a permit (40 CFR §
124.10(d)).
For modifications initiated by the permitting
agency (40 CFR §270.41). '
For notices of application submittal (40 CFR §
124.32(b)).
During the trial bum stage at permitted and
interim status combustion facilities (40 CFR §§
270.62(b) and (d); 270.66(d)(3) and (g)).
•	A permit applicant must provide a contact person for
the facility in the public notice for the pre-application
meeting (40 CFR § 124.31).
The facility must provide public notice that
includes a contact at both the agency and facility
when requesting a Class 2 or 3 permit
modification (40 CFR §§ 270.42(b) and (c)).
•	The permitting agency is required only
to designate a contact office, but
specifying a contact person and
maintaining that person as the contact
throughout the entire process may
increase public trust.
•	Organizations should consider
distributing lists of contact persons who
are responsible for answering questions
on certain topics.
•	The contact person also should consider
creating forums to receive inquiries
online or via social media (e.g., e-mail
address, website, social media account).
Guidance on the use of
a SDokesuerson/
contact uerson from
SuDerfund toolkit
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Chapter 5: RCRA Public Participation Activities
ACTIVITY
Fact Sheets /
Statements of Basis
Fact sheets summarize
the status of a permit
application or
corrective action,
explaining the relevant
factual, legal,
methodological, and
policy concern (40
CFR § 124.8).
Statements of basis are
typically shorter than
fact sheets and
summarize the basis
for a decision by the
agency, particularly in
the corrective action
program (40 CFR §
124.7).
RELEVANT
RCRA
PROCESSES
Permit issuance
Permit
modification
Corrective action
REGULATORY REQUIREMENTS
Hie permitting agency is required to develop a fact
sheet (40 CFR § 124.8) or a statement of basis (40
CFR § 124.7): "
To accompany a draft permit.
For draft decisions on Class 3 modifications and
agency-initiated permit modifications.
For any major hazardous waste management
facility, or facility that raises significant public
interest.
RCRA permit fact sheets must contain (40 CFR §
124.8):
a)	A description of the type of facility or activity that
is the subject of the draft permit.
b)	The type and quantity of wastes covered by the
permit.
c)	A summary of the basis for the draft permit
conditions and reasons that alternatives to the
proposed standards are or are not justified.
d)	A description of the procedures for reaching a
final decision, including start and end dates for the
public comment period, an address to which
comments can be sent, and procedures for
requesting a public hearing.
e)	Contact information for additional information.
The permitting agency must create a statement of
basis for every draft permit for which a fact sheet is
not prepared (40 CFR § 124.7).
OTHER RECOMMENDATIONS
FOR USE
While not required, fact sheets and
statements of basis can be helpful:
a)	During technical review of the permit
application.
b)	At the beginning of the RFI.
c)	When RFI findings are available.
d)	When corrective action is completed.
e)	When the notice of decision is
released.
It is useful to distribute fact sheets prior
to a public meeting or public hearing.
The permitting agency may also develop
informal fact sheets that explain
complicated aspects of the permitting
process or provide technical information
in simple language.
Statements of basis for corrective actions
should:
a)	Reference the RFI and CMS reports.
b)	Summarize the environmental
conditions at the facility as
determined during the RFI.
c)	Identify the proposed corrective
action.
d)	Describe the evaluated remedial
alternatives and give a brief analysis
that supports the proposed remedy.
ADDITIONAL
RESOURCES
Guidance on fact
sheets from Superfund
toolkit
RCRA Corrective
Action: Statement of
Basis and Response to
Comments Decision
Documents from U.S.
Department of Energy
Office of
Environmental Policy
and Guidance
Sample permit
modification fact sheet
Sample fact sheets
from EPA Region 3
Sample statements of
basis from EPA region
3
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Chapter 5: RCRA Public Participation Activities
ACTIVITY
Public Meetings
Public meetings are
opportunities for
informal, two-way
communication
between the public and
the permitting agency
or facility. Unlike
public hearings, public
meetings are open to
anyone, have no
fomal time limits on
statements, and
usually allow the
permitting agency
and/or facility to
answer questions.
RELEVANT
RCRA
PROCESSES
Permit issuance
Permit
modification
Corrective action
REGULATORY REQUIREMENTS
Permit applicants are required to conduct a pre-
application meeting, which can be a public meeting
(40 CFR § 124.31). See Chapter 3 for more
information on alternative formats for a meeting.
Permit holders must hold public meetings when
requesting a Class 2 or 3 permit modification (40
CFR §§ 270.42(b) and (c)).
OTHER RECOMMENDATIONS ADDITIONAL
FOR USE	RESOURCES
Public meetings can sometimes
complement public hearings, particularly
by allowing informal discussion before a
public hearing.
While the permitting agency or facility
typically calls the public meeting, civic,
environmental, and community
organizations can do the same.
Guidance on public
meetings from
Superfund toolkit
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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RELEVANT
RCRA
PROCESSES
REGULATORY REQUIREMENTS
OTHER RECOMMENDATIONS
FOR USE
ADDITIONAL
RESOURCES
Public Hearings
Public hearings are
opportunities for the
public to provide
formal comments and
oral testimony on
proposed agency'
actions. They
occasionally begin
with introductory
information from the
permitting agency. All
testimony becomes
pari of the public
record.
Permit issuance
Permit
modification
Corrective action
Closure and post-
closure of interim
status facilities
•	Public hearings are required if requested by the
public or if they might clarify relevant issues during:
-	The draft permit stage (40 CFR §§ 124.11,
124.12).
-	An agency-initiated modification (40 CFR §
270.41). '
-	A Class 3 permit modification (40 CFR §
270.42(c)(6)).
-	Closure or post-closure of interim status facilities
(40 CFR §§ 265.112(d)(4) and 265.118(f)).
•	Hearings must have at least 30-day advance notice.
•	Public hearings also may be appropriate
and useful at other times, particularly if
there is a high level of community
concern.
•	Consider informing the community of
the hearing by posting a notice online or
on social media.

Public Comment
Periods
Public comment
periods are designated
periods during which
individuals can
formally review and
comment on the
agency's or facility's
proposed action or
decision.
Permit issuance
Permit
modification
Corrective action
Closure and post-
closure of interim
status facilities
•	Public comment periods are required:
a)	Whenever the permitting agency issues a draft
permit or an intent to deny a permit, with a
duration of at least 45 days (40 CFR § 124.10).
b)	For requests for Class 2 and 3 permit
modifications, with a duration of at least 60 days
(40 CFR § 270.42).
c)	For agency-initiated permit modifications, with a
duration of at least 45 days (40 CFR §§ 270.41,
124.10).
d)	During closure and post-closure for interim status
facilities, with a duration of 30 days (40 CFR §§
265.112(d)(4), 265.118(f)).
•	Comment periods cannot begin until public notice is
given. These notices should include the comment
period's start and end dates and information on where
interested parties should send comments and requests
for a public hearing (40 CFR § 124.10).
• EPA recommends that the permitting
agency announce the public comment
period in a local newspaper of general
circulation and on local radio stations;
websites, blogs, social media and other
online resources may be useful as
supplemental means of notification.
Guidance on uublic
comment periods from
Superfund toolkit
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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RELEVANT
RCRA
PROCESSES
REGULATORY REQUIREMENTS
OTHER RECOMMENDATIONS
FOR USE
ADDITIONAL
RESOURCES
Response to
Comments
A response to
comments document
briefly describes and
responds to all
significant comments
on the draft permit
that were received
during the public
comment period; it
also identifies all
provisions of the draft
permit or modification
that were changed and
the reasons for those
changes (40 CFR §
124.17).
Permit issuance
Permit
modification
Corrective action
•	Hie permitting agency must prepare a response to
comments:
When it issues a final permit decision (40 CFR
§ 124.17).
When making final decisions on requested
Class 2 and 3 permit modifications and
agency-initiated permit modifications (40 CFR
§§270.41,270.42).
•	Response to comments documents must be sent to the
facility owner/operator and each person who
submitted written comments or requested notice of
the final permit decision (40 CFR § 124.17).
•	All documents cited and new points raised in the
response to comments must be included in the
administrative record for the final permit decision (40
CFR § 124.17).
• The response to comments should also
include a summary of public
participation in the project and the extent
to which community members' views
informed decisions and project design.
RCRA Corrective
Action: Statement of
Basis and Response to
Comments Decision
Documents from U.S.
Department of Energy
Office of
Environmental Policy
and Guidance
Notices of Decision
A notice of decision
presents the permitting
agency' 's decision
regarding permit
issuance, denial, or
modification to include
corrective action.
Permit issuance
Permit
modification
Corrective action
•	The permitting agency must issue a notice of decision
to accompany a final permit decision for a facility, a
Class 3 modification decision, and a corrective action
final remedy selection (40 CFR § 124.15).
•	The agency should send this notice to:
a)	The facility owner/operator (permit applicant).
b)	Any person who submitted written comments or
requested notice of the final permit decision.
•	The notice must include a summary of the procedures
for appealing the decision.
• Consider announcing the availability of
the notice online or through social
media, if appropriate.

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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RELEVANT
RCRA
PROCESSES
REGULATORY REQUIREMENTS
OTHER RECOMMENDATIONS
FOR USE
ADDITIONAL
RESOURCES
Information
Repositories
An information
repository is a
collection of
documents related to a
permitting activity' or
corrective action that
is accessible to the
public.
Permit issuance
Permit
modification
Corrective action
• While information repositories are not universally
required of facilities, EPA regulations authorize the
permitting agency to require a facility to create a
repository during the permitting process (40 CFR §
124.33) or during the active life of the facility (40
CFR § 270.30).
•	Hie permitting agency should assess the
need for a repository based on the level
of public interest, the type of facility, and
the presence of an existing repository.
•	Hie permit applicant or permittee may
select the location for the repository, as
long as it is accessible to the public. The
permitting agency will determine which
documents the facility should include hi
the repository.
•	Hie applicant may find it useful to post
the information hi the repository online.
Guidance on
information
repositories from
SuDerfund toolkit
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Chapter 5: RCRA Public Participation Activities
Exhibit 5-3. Optional Public Participation Activities for Use at Various Stages of the RCRA Process
ACTIVITY
RECOMMENDED USE
ADDITIONAL
RESOURCES
Community Interviews
Community interviews are informal, face-to-face or
telephone interviews held with community
members, elected officials, community groups and
other individuals to acquire information on their
concents and attitudes about a facility.
•	EPA recommends the use of community interviews as part of the community
assessment, which usually takes place at the beginning of the permitting process, before
major modifications, and before significant corrective actions.
•	Interviews allow agencies, facility owners/operators, and public interest groups to tailor
regulatory requirements and additional activities to fit the needs of particular
communities.
•	It is particularly important to use community interviews if a facility or action is
controversial or has the potential to receive high levels of public interest.
•	Interviewees may include state and local agency staff and elected officials,
representatives of community groups, area community members, local business
representatives, local civic groups, neighborhood associations, educational and religious
organizations, or nearby landowners and businesses.
•	Consider notifying interviewees when the public participation plan is available online.
Guidance on communitv
interviews from SuDerfund
toolkit
Community Advisory Groups (CAG)
A CAG is a board of stakeholders that meets
routinely to discuss issues involving a particular
facility. CAGs typically advise the facility
owner/operator or the permitting agency on RCR4
activities.
•	EPA recommends the use of CAGs to promote direct communication among the
community, the permitting agency, and the facility, and in particular, to provide a voice
for affected community members and groups.
•	A CAG can be formed at any point in the permitting or corrective action process, but
may be most effective in the early stages.
•	CAGs may or may not be appropriate in every situation, depending on these factors:
a)	Hie level of community interest and concern about the facility.
b)	Community interest in forming a CAG.
c)	The existence of groups with competing agendas in the community.
d)	E.T issues or concerns.
e)	The history of community involvement with the facility, or with environmental
issues in general.
f)	The working relationship between the facility, the community, and the permitting
agency.
•	While RCRA regulations do not require the use of advisory groups, 40 CFR § 25.7
outlines standards for advisory groups if they are used.
Guidance on Communitv
Advisory Groups from
Superfund toolkit
68

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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RECOMMENDED USE
ADDITIONAL
RESOURCES
Telephone Calls with Specified Stakeholders
Telephone calls can gather information about the
community and update state and local officials and
other interested parties on the status of permitting
or corrective action activities.
• Telephone calls may be useful:
a)	In the early stages of the RCRA actions to identify key officials, community
members, and other stakeholders who have a high interest in the facility.
b)To	gather information when face-to-face community interviews are not possible.
c)	When new and time-sensitive material becomes available.
d)	When there is a high level of community interest in the facility and it is important to
keep key players informed.

Informal Meetings with Other Stakeholders
Informal meetings are meetings with individual
stakeholder groups that have particular interest in
a permitting activity'. They are held in an informal
setting, such as a community member's home or a
local meeting place.
•	EPA recommends informal meetings with stakeholders as a way to discuss community
issues and concerns first-hand and to give community members the opportunity to ask
questions in a comfortable setting.
•	Informal meetings are particularly useful:
a)	When the level of knowledge about particular issues varies widely among
community members.
b)	When the level of tension is high, and large meetings may not be appropriate.
c)	When the community needs more personal contact to establish trust in the
organization or the process.
d)	When groups want to discuss specific issues in which the community as a whole is
not interested.
Guidance on informal
activities from SuDerfund
toolkit
Focus Groups
Focus groups are small discussion groups selected
to be random or to approximate the demographics
of the community. A trained moderator typically
leads the groups and draws out people's reactions.
•	Facility owners/operators may want to use focus groups as a complement to interviews
during the community assessment or at the time of other important activities during the
life of the facility.
•	Hie permitting agency should consider using focus groups to gauge public opinion
before permitting activities or corrective action.
Guidance on focus arouus
from SuDerfund toolkit
Facility Tours
Facility tours are scheduled trips to the facility for
media representatives, local officials, and
community members during which technical and
public outreach staff can answer questions.
•	EPA recommends the use of facility tours to help familiarize the media, local officials,
and community members with the issues and operations at a facility and the RCRA-
regulated process underway.
•	Facility tours should be hosted only when it is practical and safe to have people on
facility grounds. Tours must comply with facility safety regulations. When such a tour
is not practical, virtual tours or videos showing activity and operations at the facility
may be posted online.
Guidance on on-site activities
from SuDerfund toolkit
69

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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RECOMMENDED USE
ADDITIONAL
RESOURCES
Observation Decks
An observation deck is an elevated deck on the
facility property that allows viewers to observe
facility activities or corrective actions directly.
•	EPA recommends the construction of observation decks when:
a)	Hie level of community interest or concern in the facility is high.
b)	The community's understanding of facility operations will be enhanced by direct
observation.
c)	It is physically possible to construct a deck in a safe and suitable location.
d)	Staff is available to supervise public use of the deck and answer questions.
•	If it is not feasible to construct an observation deck, consider posting photos or videos
of the facility to a publicly accessible website.
Guidance on on-site activities
from Superfund toolkit
On-Scene Information Offices
An oil-scene information office is a trailer, small
building, or office on or near the facility. Someone
capable of responding to inquiries and preparing
information releases should always staff this office.
•	EPA recommends the use of an on-scene information office:
a)	When there is moderate or high community interest in the site.
b)	During corrective actions.
c)	When cleanup involves complex technologies.
d)	When the community perceives a high level of health risk.
e)	When activities may disrupt the area surrounding the facility (e.g., traffic patterns).
f)	When the area around the facility is densely populated.
•	The on-scene staff person should support the telephone hotline or web-based forum and
serve as the primary liaison between the public and the RCRA process.

Briefings
Briefings are in-person informational sessions with
key stakeholders, such as elected officials and
members of public interest or environmental
groups that have been involved in the process.
•	EPA recommends the use of briefings:
a)	To inform key stakeholders about the status of a permit application or corrective
action.
b)	To provide stakeholders with materials like technical studies, results of technical and
community assessments, and engineering designs.
•	Briefing key stakeholders is particularly important if an upcoming action might be
controversial.

Translations
Translations provide written or oral information in
a language other than English to a community with
a significant number of community members who
are not proficient in English.
•	EPA strongly recommends using multilingual fact sheets, notices, and other information
as appropriate to provide equal access to information throughout the RCRA process.
•	Translations also should be used for information posted to websites and social media.
Guidance on translation
services from SuDerfund
toolkit (vs.. 78)
Guidance on cross-cultural
communication from
Superfund toolkit
Project Newsletters and Reports
Project newsletters and reports can keep interested
people informed about corrective action and
permitting activities at a level of detail that is not
available from the news media.
•	Newsletters should provide regular updates on the RCRA process and actions taking
place at the facility in a reader-friendly, news-based format.
•	Project reports may include official technical reports or other environmental studies.
•	These documents should be sent directly to an updated mailing list of interested
stakeholders, as well as posted online or on social media.
Sample project newsletter
70

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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RECOMMENDED USE
ADDITIONAL
RESOURCES
Presentations
Presentations are speeches, panel discussions,
videos or slide shows held for local clubs, civic or
religious organizations, school classes, or
concerned community' groups.
•	EPA recommends the use of presentations at any time during the RCRA process. EPA
particularly recommends this when a major milestone in the process is reached.
•	Presenters should use visual aids and provide sufficient time for questions and answers
following the presentation.
•	Presentations may be posted on relevant websites or social media accounts to promote
the public's knowledge of the project.
Guidance on presentations
from Superfund toolkit
Guidance on videos from
Superfund toolkit
Exhibits
Exhibits are visual displays such as maps, charts,
diagrams, photographs, or computer displays that
explain topics such as RCR4 processes, hazardous
waste health risks, or proposed corrective actions,
among others.
•	EPA recommends the use of exhibits to present information in an accessible and
understandable way. Exhibits can be particularly useful when the information can be
conveyed visually, when a display can enhance other forms of information being
presented, or when staff time is limited and the audience is large.
•	Because of their visual nature, exhibits are also well suited for posting online or
distributing through social media.
Guidance on exhibits from
Superfund toolkit
Information Tables
An information table is a table or booth set up at a
meeting, hearing, or other event that is staffed by at
least one person who is prepared to answer
questions.
•	Information tables should provide pamphlets, fact sheets, brochures, or other materials,
along with a sign-up sheet for interested people to add their names to the facility
mailing list. Exhibits are also helpful additions to information tables.
•	Information tables are most useful at local events that attract a significant portion of the
community.

Workshops
Workshops are seminars or gatherings of small
groups of people (usually between 10 and 30), led
by a small number of specialists. In workshops,
community members have an opportunity to
comment on and ask questions about RCR4
processes and hazardous waste issues.
•	EPA recommends the use of workshops to improve public understanding of permit
conditions or hazardous waste problems and to identify primary community member
concerns.
•	Workshops are particularly useful when the RCRA process involves technically
challenging material.
•	Workshops may be useful before formal public hearings or during public comment
periods.
•	Information from the workshop (e.g., videos of presentations, fact sheets) should be
posted online or on social media.
Guidance on workshops from
Superfund toolkit
71

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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RECOMMENDED USE
ADDITIONAL
RESOURCES
Availability Sessions/Open Houses
Availability sessions and open houses are informal
events held in a public location where people can
talk to involved officials one-on-one.
•	In some cases, availability sessions and open houses can fulfill the pre-application
requirements in 40 CFR § 124.31.
•	EPA recommends the use of availability sessions and open houses:
a)	When community members' schedules make it difficult to schedule meetings.
b)	When community members have widely varying interests or levels of knowledge.
c)	When an informal setting would enhance credibility with the community.
d)	When large crowds will make it difficult for some community members to raise
questions.
•	The availability session or open house can involve representatives from all interested
organizations (e.g., agency officials, facility staff, and leaders of civic organizations)
and should display exhibits and other explanatory materials.
Guidance on uublic
availabilitv/poster sessions
from Superfund toolkit
Question and Answer Sessions
Question and answer sessions give stakeholders an
opportunity to discuss RCR4 actions with
knowledgeable staff.
•	EPA recommends the use of question and answer sessions to accompany presentations,
briefings, or meetings.
•	Be sure to follow up by phone, e-mail, or letter for any questions that staff was not able
to answer during the session.

Telephone Hotlines and Web-Based Forums
A telephone hotline is a toll-free or local number
that people can call to ask questions and obtain
information on RCR4 activities. Web-based forums
may include websites or social media accounts that
are similarly dedicated to receiving and answering
questions from the public.
•	EPA recommends establishing a dedicated telephone hotline, website, or social media
account when there is moderate or high community interest in the RCRA process, when
literacy rates are low and written information must be supplemented, or when the
community is isolated and has little opportunity for face-to-face contact with project
staff.
•	The resource can be semi-permanent (i.e., available throughout the permit review or
corrective action process) or temporary, for a single period of major community
feedback.
•	Announce the resource in news releases to local newspapers, radio stations, and
television stations, and in fact sheets, public notices, websites and social media posts.
Guidance on telephone use
from Superfund toolkit
Door-to-Door Canvassing
Door-to-door canvassing is a way to collect and
distribute information by calling on community
members individually.
•	EPA recommends going door to door when there is a high level of concern about the
site, when scheduling group events is difficult, when the community has a low literacy
rate or primarily speaks a language other than English, or when there is an emergency.
•	While going door to door, canvassers should provide fact sheets or other materials.
•	Be sure to canvass at a time when community members are likely to be at home, and
bring a translator if a significant proportion of the population does not speak English.
Guidance on aoina door-to-
door from Superfund toolkit
72

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Chapter 5: RCRA Public Participation Activities
ACTIVITY
RECOMMENDED USE
ADDITIONAL
RESOURCES
Surveys and Polls
Surveys and polls solicit types offeedback from a
targeted audience. Surveys can be either oral or
written, and they can be distributed to specific-
segments of the community or to a representative
sample.
•	Facility owners/operators and the permitting agency may want to use surveys and polls
to:
a)	Gauge public sentiment about constructing or expanding a facility, particularly at
facilities that may be controversial.
b)	As a complement to direct community interviews.
c)	To determine if community members are receiving enough information about the
RCRA activity.
•	Federal agencies are limited in their use of surveys by the Paperwork Reduction Act.
Similar constraints may exist at the state level.
•	Social media and other websites also can be used to conduct the survey or poll.

Attending Other Stakeholder Meetings and
Functions
Permitting agencies, facilities, local governments,
environmental organizations, and religious and
civic groups may hold meetings during RCR4
processes. Involved stakeholders can make an
effort to attend the meetings of other groups.
•	EPA encourages stakeholders in RCRA processes to attend meetings held by other
stakeholders, which can help provide useful insight into others' opinions and concerns.
•	Confirm that meetings are open to visitors and inform the host organization of expected
attendance. Consider bringing fact sheets or other information to provide upon request.
Guidance on partnering from
Superfund toolkit
Guidance on local resources
from Superfund toolkit
73

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